JAY SHANKAR MALLESH Vs. STATE OF GOA

JUDGEMENT

(1.) ON 27 March, 1994 at village Mandopa, Navelin, between 7. 00 to 7. 30 p. m. the accused is said to have stabbed the deceased Raju in the course of a quarrel between them. On the aforesaid day, there was Hindu festival of Holi. At about 2. 00 p. m. on that very day there was minor verbal exchange in connection with unwanted throwing of colours between the accused on one side and the deceased and his friend on the other.

(2.) AS can be seen later on, the actual time of the incident is very much in dispute and is not clearly established. But in the initial part of this judgment, we will be concentrating on the testimony of one of the eye witnesses Francis Fernandes (P. W. 11 ). According to him, both the deceased and this witness were returning towards Mandopa, when they found the accused standing there. They were coming on a bicycle which on account of the slope they were not riding but actually leading along with them.

(3.) SOME verbal exchanges were there between the two and the accused is said to have straight away caught hold of the neck of the deceased and thereafter gave a blow which landed on the back side of the deceaseds left upper part and one more blow towards the right side of the back near the right armpit and thereafter the accused tried to run away.