ANAND K. KASKAR Vs. STATE OF GOA

JUDGEMENT

(1.) THIS appeal arises from the Judgment dated 29th September 1995 passed in Sessions Case No. 33 of 1993 by the District and Sessions Judge at Margao. By the impugned Judgment and Order the appellant had been convicted for the offence punishable under Section 302 off I.P.C. for having committed murder of one Vassant Baburao Nerurkar and further convicted under Section 324 of I.P.C. for voluntarily causing hurt to one Yeshwant Dhuri by means of a knife.

(2.) THE prosecution case in brief is that the appellant/accused was working as a casual labourer in the office of a company by name Chowgule Brothers, at Vasco, wherein one Vassant Nerurkar, the deceased was controlling and supervising the work of casual labourers. On 3rd August 1993 on account of instigation by the accused the workers of the company had to stop work and pursuant to the said incident the accused was suspended from work. The accused thereupon approached Vassant Nerurkar for work who asked him to approach the Deputy Manager of the company by name Mr. Kumar. On 10th August 1993 the accused after purchasing a knife from one Subhash Shatye went to the office of the company and on contacting Vassant Nerurkar insisted that he be assigned with some work. Vassant Nerurkar thereupon told him again to approach the Deputy Manager and in the course of discussion between Vassant Nerurkar and the accused, the latter stabbed Vassant twice, as a result of which Vassant Nerurkar died on the spot. The said incident was witnessed by one Yeshwant Dhuri, P.W. 3 as well as Suhas Phadte, P.W. 4. On intervention of Yeshwant Dhuri to avoid the assault on Vassant Nerurkar, the accused also gave a knife blow on Dhuri which landed below his left eye. The complaint to the police was filed by Yeshwant Dhuri, P.W. 3 about the incident. The accused was then arrested at a distance of about 100 metres away from the police station and the knife used in the assault on Vassant and Dhuri was found at the instance of the accused outside the office wherein the incident had occurred. In the course of investigation the clothes of the accused as well as of the deceased were attached and on completion of the investigation the accused was prosecuted for causing death of Vassant Nerurkar and hurt to Yeshwant Dhuri. The prosecution examined 19 witnesses in support of its case including the doctor, panchas and the eye - witnesses P.W. 3 and P.W. 4.

(3.) THE Learned Sessions Judge after analysing the evidence on record held that the prosecution had established that the accused caused murder of Vassant Baburao Nerurkar by stabbing him with the knife on 10th August 1993 and further voluntarily causing injuries to Yeshwant Dhuri with the same knife and thereby convicted the accused under Section 302 and Section 324 of I.P.C. and further sentenced him for life imprisonment and for 3 months rigorous imprisonment respectively.