MERVIN THOMAS MENEZES Vs. STATE OF GOA

JUDGEMENT

(1.) THE applicants herein are the accused against whom charge has been framed under Section 302 r/w 34 IPC and is pending trial before the learned Sessions Judge, Panaji. Their applications have been rejected by the Court of Sessions, first by order dated 10/11/2008 and then by order dated 20/01/2009 and, as such, have approached this Court for bail.

(2.) THE facts leading to the framing of charge could be stated as follows:

(3.) SHRI Lotlikar, the learned Senior Counsel on behalf of the applicants/accused has submitted that this was not a case of premeditated murder, but, of a free fight on the spur of moment when the deceased Thomas was trying to take forcible possession of a room which was in possession of the family of the accused Mervin. Learned Senior Counsel further submits that the applicant Mervin along with his friend Faurtus, were certainly entitled to prevent the entry of the deceased into the room in their possession and at the most it may be a case of exceeding the right of private defence. Learned Senior Counsel, therefore, submits that this is not a case where the offence committed by the accused could be punished either with death or imprisonment for life and, therefore, the accused be admitted to bail.