SHRI RUSHI @ RUSHIA DAS Vs. STATE OF GOA

JUDGEMENT

(1.) By this appeal, the Appellant challenges his conviction under Section 302 of Indian Penal Code, wherein he has been sentenced to undergo imprisonment for life and fine of Rs. 10,000/-, in default to undergo simple imprisonment for three months by the learned Additional Sessions Judge, Mapusa, for having committed murder of his wife in the intervening night of 22 October 2012 and 23 October 2012.

(2.) The prosecution case in brief is as follows:-

(3.) According to first informant, PW1 Sushant Das, who works as a Painter on temporary basis at a Bus Body Building Factory, Honda, on 22 October 2012 he was on second shift duty from 15.00 hours to 230 hours. As usual, when left the house at about 14.30 hours, his mother and father were at home. His brother PW5 Prashant Das was working as a Waiter in Hotel Prasad at Karapur Tisk. Around 200 hours, he received a call on his mobile phone from Prashant who informed him that he came to know from the owners of the house that the Appellant had assaulted Sabitri with a hammer due to which she sustained bleeding injuries to her head and was unconscious. It was also informed that an ambulance was called by dialing number 108.