JAYESH GURUDAS NAIK Vs. STATE OF GOA

JUDGEMENT

(1.) This Appeal takes exception to the Judgment of conviction rendered by the learned Sessions Judge, South Goa, Margao, convicting the Appellant and sentencing him for the commission of the offence punishable under Section 302 of the India Penal Code.

(2.) The Appellant is the original accused while the respondent-State which had initiated the prosecution against him would be referred to in the said status for brevity's sake hereinafter.

(3.) The case of the prosecution against the accused was that on 12.09.2014, between 10.00 hours to 10.45 hours, the accused had committed the murder of his wife Vaishali @Jiya Naik, sister of the Complainant at Cotta, Balli, Quepem, by causing multiple injuries by stabbing in her stomach and slitting her throat with a knife thereby committing an offence punishable under section 302 of the IPC. The then learned Sessions Judge vide the order dated 02.02.2015 held that there was prima facie material on record to frame charge against the accused and ordered charge to be framed under section 302 of the IPC which was accordingly framed and to which the accused pleaded not guilty and claimed to be tried.