SHYAM GAWAS Vs. STATE OF GOA

JUDGEMENT

(1.) The appellant has challenged the judgment and order dated 7.8.2012 passed by the Additional Sessions Judge, Mapusa, in Sessions Case No. 4/2010 pursuant to which he has been held guilty of the commission of offence punishable under section 302 of I.P.C. and sentenced to undergo life imprisonment apart from payment of fine of Rs. 5, 000/- and in default to undergo rigorous imprisonment for a period of two months. Parties would be referred to as the accused and the State for brevity's sake hereinafter.

(2.) The case of the prosecution briefly was that on 15.11.2009 around 18.20 hours, the accused who was the brother of the first informant had assaulted his brother Ishwar Gawas with an axe on his head in order to kill him due to which he sustained injuries on his head on the right side and succumbed to his injuries while undergoing treatment at the G.M.C. Hospital Bambolim on 16.11.2009 attracting the offence punishable under section 302 of I.P.C.

(3.) The accused had denied the case of the prosecution set out against him by the examination of 17 witnesses on behalf of the State, denied that he had sustained any injuries on his person as noted by the doctor on his arrest and broadly set up a case that he had been falsely implicated in the case.