NAUSHAD @ JABBAR BEIG, S/O KASIMSAB BEIG Vs. STATE (AS REPRESENTED BY OFFICER INCHARGE, PANAJI POLICE STATION) PANAJI GOA

JUDGEMENT

(1.) By this appeal the appellant challenges his conviction under Section 302 of Indian Penal Code (for short "IPC") by the Sessions Judge, North Goa, Panaji on 23.10.2015 by which he has been sentenced to undergo imprisonment for life and fine of Rs.10,000/- in default to undergo imprisonment for 6 months.

(2.) Briefly stated the facts are that on 24.7.2011, the appellant stabbed one Prashant, with a knife on the left side of chest at about 20.30 hours near a room where the deceased and the appellant were residing at the site of Ruby Construction, Gera Emporium Building, EDC complex, Patto Panaji in a sudden quarrel. Injured Prashant was immediately shifted to the hospital, however, he succumbed to said injury. The appellant came to be arrested and FIR bearing No.216/2011 came to be registered against him at Panaji Police Station, Panaji.

(3.) Pw17 Ramesh Gaonkar, was incharge of the Police station at the relevant time. He visited scene of occurrence and contacted wife of the deceased namely PW16 Lata Machi - the only eye witness of the incident. He also recorded the statements of the witnesses. He arrested the appellant. He also conducted scene of offence panchanama in the presence of Pancha witnesses. He collected the sample of the mud from the spot of the incident under panchanama and sealed the same. He had seized the weapon of offence i.e. a Knife lying on the spot with blood stains. It was duly seized under panchanama. It was a 10 inches long Knife with handle. Its blade is 5.7 inches. Seized muddemal was sent for chemical analysis at CFSL Hyderabad. The appellant was also referred for medical examination. Medical report of the appellant is produced at Exh.24. Clothes of the appellant were also seized. After investigation he laid a chargesheet against the appellant in the Court of Judicial Magistrate, First Class, Panaji under Section 302 of IPC. Learned JMFC, Panaji committed the case to the Court of Sessions at Panaji.