SANJAY GURUDAS GADEKAR Vs. STATE

JUDGEMENT

(1.) These are the group of appeals preferred by the aggrieved accused as well as the State against the judgment and order dated 13/14.11.2006 passed by the Additional Sessions Judge-Ill, South Goa, Margao in Sessions Case No. 2/2004.

(2.) The appellant accused No. 1 Valeriano Barretto, the accused No. 2 Subhash Krishnan, the accused No. 3 Sanjay Gadekar, the accused No. 4 Shailesh Gadekar have preferred the appeals being Criminal Appeal Nos. 12/2007,13/2007,and7/2007 against the judgment and order of their conviction under section 120-B read with section 302 read with section 34 of I.P.C, 1860 sentencing them to undergo life imprisonment and to pay fine of Rs. 5,000/- and in default to undergo rigorous imprisonment for a further period of 3 months on each count. The State has preferred the Criminal Appeal No. 6/2008 against the judgment and order of acquittal of the appellant accused from the crime punishable under sections 342, 504, 364 read with section 34 of I.P.C. as well as against the acquittal of the accused No. 5 Sheela Barretto and the accused No. 6 Vatsala Gadekar in the said case lodged under section 120-B read with section 302, read with sections 34,342, 504 and 364 read with section 34 of I.P.C. 1860.

(3.) A violent incident occurred in the vicinity of Saint Anthony High School on the road from Galjibag- Poinguinim within the limits of Canacona Police Station, Canacona, District South Goa around 4.30. p.m. on 10.10.2003. Police were informed of the said incident and the crime at C.R. No. 32/2003 under sections 302, 342, 504, 364, 120-B read with section 34 of I.P.C. came to be registered against the accused No. 1 Valeriano Barretto, his wife -the accused No. 5 Sheeia Barretto, her brother and others at Canacona Police Station in a complaint lodged by one Aveliono Viegas on the same day. The complainant Aveliano Viegas revealed that the accused No. 1 Valeriano Barretto, his wife Sheela Barretto and four to five persons came to the garage of the deceased victim Shanu Komarpant in a white coloured Maruti van making enquiries about Shanu Komarpant, and Alex Viegas, his cousin had informed him of this fact. According to him, Alex Viegas also alerted him about the offensive mood of the persons in the said Maruti van. The complainant further revealed that he proceeded to the residence of the deceased Shanu and on the way to the residence of Shanu, he came across the said persons in the Maruti van. Thereafter, the complaint revealed, he went to the residence of Shanu, met Shanu, talked to him about the developments which had taken place and proceeded with him to the residence of Valeriano on the motorcycle accompanied by Alex Viegas and other on another motorcycle.