CHODDU DUNGDUNG Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) BEING aggrieved by his conviction for offence of murder punishable under section 302 of the Indian Penal Code and sentence of imprisonment for life and fine of Rs. 5,000/-imposed upon him by the learned IIIrd Additional Session Judge, South Goa, Margao, the convict has preferred this appeal.

(2.) THE appellant was residing with his wife in the farm of p. W. 3, Brian, who had employed the appellant. The appellant and the victim, his wife had five daughters. One of whom is P. W. 6, Viju. On the night of 5. 11. 2004, the appellant had altercation with his wife and beat up her with a stalk of palm leave. His wife died. The appellant told neibouring labourer that he was going to inform the boss about the incident but absconded. On being informed of the incident, P. W. 3, brian informed the police and the police reached the spot. On report by victim's brother, Sukhram, who was gardener and who had reached the spot, an offence was registered and investigation commenced. The appellant was arrested by the police patrol person, P. W. 16, Head constable, Surendra on 8. 11. 2004 and was taken to the police station. The appellant's clothes were seized while performing panchanama of his arrest in presence of P. W. 2, Bhamto Velip. In the course of interrogation, in presence of the same witness, the appellant agreed to produce the stalk of palm leave, which he had used in commission of the offence. It was then seized under a panchanama by the Investigating officer, P. W. 18, P. I. , Manjunath Dessai.

(3.) THE police had already caused inquest to be performed on the dead body and sent it for postmortem examination. The police had also seized blood stained clothes of the victim and had caused medicolegal exhibits to be collected. Sealed property seized was sent to the central Forensic Science Laboratory, Hyderabad. The police had caused a sketch of the spot to be drawn and had also taken photographs. After recording statements of relevant witnesses and finding that there was enough material to send the chargesheet against the appellant, they filed chargesheet before the learned Judicial Magistrate, First Class, qupem, who committed the case to the Court of Sessions at Margao.