IRAPA KUMBHAR Vs. STATE OF GOA

JUDGEMENT

(1.) The appellant Irapa Kumbhar, original accused No. 1 has preferred Criminal Appeal no. 56/2008 and the appellant Anand Bajantri, original accused No. 2 has preferred Criminal Appeal no. 85/2009 and Criminal Appeal No. 29/2009. Criminal Appeal No. 29/2009 has been preferred by appellant Anand Bajantri through jail. Thereafter he has filed Criminal Appeal No. 85/2009 against the very same judgment and order. Both the appellants have challenged the judgment and order dated 30.6.2008 passed by the learned Sessions Judge, South Goa, Margao in Sessions Case No. 24/2005. By the said judgment and order, both the accused persons came to be convicted under Section 302 read with 34 of I.P.C. For the said offence they came to be sentenced to life imprisonment and to pay fine of Rs. 5000/- each, in default, rigorous imprisonment for one month.

(2.) Briefly stated, the prosecution case is as under:

(3.) As Sugappa claimed that he had left for his native place on 4.6.2005 to see his ailing aunt, inquiry was made by the investigating officer P.w. 15, Prabhudessai into this aspect. P.w.17, head constable Ulhas Naik was sent to Tumkur, Karnataka by P.w.15, P.I. Prabhudessai. Ulhas Naik went to Tumkur alongwith police constable S. Patil on 11.6.2005. He made inquiries with various people and it was confirmed that Sugappa had indeed come to Nettikeri as his aunt was sick and after staying for two days, Sugappa left for Goa. In the mean time, it was found that the two accused persons were missing since morning of 5.6.2005. Hence investigation proceeded in that direction. After investigation charge sheet came to be filed against both the appellants as the investigation showed their involvement in the crime. Thereafter, in due course, the case was committed to the Court of Sessions.