K.B. ANAND Vs. STATE OF GOA

JUDGEMENT

(1.) THE appellant was tried for murder of one Babu under Section 302 I.P.C. The prosecution had in all examined eleven witnesses in support of the charge. The appellant was held guilty for murder under Section 302 I.P.C. and sentenced to undergo imprisonment for life and fine of Rs. 5.000/ -. In default of payment of fine, he was further sentenced to undergo imprisonment for one year. The substantive sentence was ordered to run w.e.f. 14 -9 -1994, since when the appellant was in custody in connection with this offence. The appellant charlenges the said conviction and sentence imposed on him in this appeal.

(2.) THE prosecution case in brief is that on 14th September. 1994 at about 7.45 p. m., the deceased Babu and the appellant had come to Filsu Bar at Cortalim belonging to Felix Rodrigues (P.W. 1). The deceased came to the counter and tendered Rs. 5/ - and asked for liquor. At that time Felix Rodrigues (P.W. 1) was attending other customers. Immediately after the deceased the appellant came and stabbed the deceased with a knife on his back. When the deceased turned around the appellant stabbed him on the front side as well. As a result of the stab injuries, the deceased fell down near the counter of the bar. 'This counter as at a distance of abotit 11/2 metres from the shutter of the bar and, the deceased had come upto this counter to ask for liquor. It appears that the owner of the bar Felix Rodrigues (P.W. 1) came out from the counter to find out as to what had happened and at that time the appellant attempted to assault him as a result of which he got frightened. In the meantime the customers who were there inside the bar went out of the bar. P.W.1 Felix Rodrigues also went out of the bar and closed the shutter of the bar. Thereafter some one shouted stating that one customer by name Inacio was also inside the bar and the said Inacio has started banging the shutter from inside. The shutter was opened so that Inacio could come out of the bar. When the shutter was opened it was found that the appellant was holding knife in his hand and told Felix Rodrigues (P.W.1) to call the police if he so desired. In the meantime, Inacio came out of the bar and shutter was again closed. The appellant started banging the shutter from inside and be also started breaking bottles inside the bar. The Police Outpost Cortalian, is at a distance of about 25 metres from the said bar and according to Police Constable (P.W. 7). Felix Rodrigues (P.W. 1) had come running there and informed him that murder had taken place in his bar. The said Police Constable (P.W. 7) made efforts to contact Verna Police Station by wireless as well as through telephone, but he was unable to get the connection. Thereafter he went to the bar and found that the shutter was closed and lot of people had gathered outside the said bar. He then took a scooter and went to Verna Police Station to inform the Police Inspector about the incident. P.W. 7 reached at Verna Police Station at about 8.30 p.m. and Police Inspector Francis Almeida (P.W. 11) came from there to the said bar at Cortalim. On reaching the said place he recorded the complaint of Felix Rodrigues (P.W. 1). P.W. 11 Francis Almeida secured the presence of two panchas and got the shutter of the bar opened. After the shutter was opened, it was found that the appellant was standing inside the bar near the shutter with a knife in his hand. The appellant was relieved of the knife with the help of the police constables. The scene of offence panchanama and the inquest panchanama where conducted. The F.I.R. which was lodged by P.W. 1 Felix Rodrigues was then registered at 11.45 p.m. The dead body was sent for post -mortem examination. The clothes of the deceased and the appellant which were attached under panchanama were sent to the Chemical Analyser. The photographs of the scene of offence had been taken. After completing the investigations the appellant was put up for trial for the murder of Babu under Section 302 I.P.C.

(3.) THE learned Add I. Sessions Judge, Margo believed the evidence of three eye witnesses as well as the other evidence on record and convicted the appellant as aforesaid.