PRAKASH NAYI ALIAS SEN Vs. STATE OF GOA

JUDGEMENT

(1.) This appeal is filed by the accused who has been convicted to life imprisonment and fine of Rs.5000/- under Section 302 I.P.C. by Judgment/Order dated 25-7-2006 of the learned Additional Sessions Judge, Margao.

(2.) As the story of the prosecution goes, Damodar General Stores belongs to Ramkumar Sen/PW6 who is of about 80 years of age. The accused is the grandson of the brother of the said Ramkumar Sen/PW6. The said stores are situated near St. Sebastian Church(formerly known as Pandava Chapel). Ramkumar Sen/PW6 had lost his wife and there was no one to look after him and had decided to dispose of his business as well as the said stores/shop, when Pramila, the deceased, approached him through his friend and started working for him for preparing food and other miscellaneous works and she gradually prevailed upon the said Ramkumar Sen/PW6 not to dispose of the shop and he was impressed by her, and as she had lost her parents at a young age and had no relatives, he decided to adopt her and left a will in her favour in respect of the said business.

(3.) The accused who was residing in his native place along with his father visited Ramkumar/PW6 on two occasions and again came for the third time 2/3 months prior to the incident and requested him to keep him along with him as he was reluctant to go back to his native village, and, the deceased who also knew the accused prevailed upon him to keep the accused with them since he was one of his family members and for about a month everything went on smoothly and the accused and the deceased looked after the business and the house in a proper manner and then both convinced him that he should go to visit his village and pilgrim places and as such he went to visit Pushkar in Rajasthan and then to his village and during that period he kept contact with the accused and the deceased who informed him that everything was going on smoothly.