SHIVAYAY APAYYA MARIHAL Vs. STATE OF GOA

JUDGEMENT

(1.) This appeal is by the accused who has been convicted for uxoricide and sentenced to undergo life imprisonment and fine of Rs. 5,000/- under Section 302 I.P.C.

(2.) The accused was residing with his wife Chanawwa at the house of Shanti Shet Durbhatkar/PW3 at Durbhat, Ponda. They were last seen on 8/12/2004 at about 6.30 p.m. waiting for a bus at the bus stop at Durbhat by Dinesh V. Fadte/PW2. On the same day, Constable Kishor Prabhugaonkar/PW15 was returning home at about 9.00 p.m. from Mardol to Veling on his scooter and at Farmagudi he first noticed a pair of chappals fallen on the road and then one lady fallen by the side of the road. He slowed down his scooter and saw one lady fallen by the side of the road, whose age was about 25 to 30 years and there was a green colour long pant and a long sleeves shirt with stripes of blue colour fallen by the side of the said lady. On seeing the said dead body Constable Kishor Prabhugaonkar/PW15 returned to Mardol outpost and then went to the Ponda Police Station where he lodged the complaint for murder, against unknown person. P.I. Gaonkar/PW21 then proceeded to the spot, took photographs and shifted the dead body to G.M.C. for preservation.

(3.) On the next date at about 8.30 a.m. Shri Gaonkar conducted scene of offence panchanama and attached a rubble stone/M.O. 1 with blood stains, a wrist watch/M.O.5 amongst may other articles.