CHANNAPPA @ CHANNU @ CHANNYA GANGANNWAR Vs. STAE

JUDGEMENT

(1.) The appellant was tried for the offence punishable under sections 364, 366, 302 and 201 of Indian Penal Code (I.P.C for short) before the learned Additional Sessions Judge at Margao. The learned Sessions Judge convicted the appellant for the offence punishable under section 364, 302 and 201 of I.P.C., while acquitting him for the offence punishable under section 366 of I.P.C. For the offence punishable under section 302 of I.P.C., the appellant has been sentenced to imprisonment for life and to pay a fine of Rs.10,000/-, and in default to undergo simple imprisonment for 10 months. For the offence punishable under section 364 of I.P.C, the appellant has been sentenced to suffer rigorous imprisonment for a period of 5 years and to pay a fine of Rs.5000/-, and in default to undergo simple imprisonment for a period of 5 months and for the offence punishable under section 201 of I.P.C., he has been sentenced to undergo simple imprisonment for a period of 3 years and to pay fine a of Rs.3000/- and in default to undergo simple imprisonment for 3 months. The substantive sentence of imprisonment have been directed to run concurrently.

(2.) The prosecution case may be briefly stated thus:

(3.) On 19/9/2011 in the morning, the appellant called P.W.2 to inquire the whereabouts of the deceased as he wanted the phone number of his sister, who was staying at his native place in Karnataka. P.W.2 informed the appellant that the deceased had not come to his house, when the appellant informed P.W.2 that he (the appellant) had dropped the deceased, near P.W.2's house at around 6.00p.m, the previous day. P.W.2 informed the same to P.W.1, who started searching for the deceased and was assisted by P.W.2 and P.W.12, Tuljappa Gangannawar, the father of the deceased. It is said that the appellant also assisted P.W.1 in searching for the deceased. Later on P.W.1's cousin Sangappa and one Kamlabai Gangannawar, P.W.11, the mother of the deceased, came down to Margao and joined the search. However, the deceased was not found. Hence on 22/9/2011, P.W.1 filed a complaint with P.S. Margao about the deceased having gone missing, which was registered by P.W.14, P.S.I Mohan Gaude. He obtained the photographs of the deceased, issued a lookout notice and circulated it to all the police stations in Goa.