VIMAL SINGH Vs. STATE OF GOA

JUDGEMENT

(1.) By this Appeal under Section 372 of the Code of Criminal Procedure, 1973 (Code, for short), the appellant, who is claiming to be a victim under Section 2(wa) of the Code, is challenging the acquittal of the respondent no. 2 from the offence punishable under Section 302 of Indian Penal Code (IPC, for short). The learned Sessions Judge, by the impugned judgment and order dated 07.05.2018 in Sessions Case No. 55/2015, while acquitting the respondent no. 2 from the offence punishable under Section 302 of IPC, has convicted him under Section 304 (Part II) and Section 324 of IPC.

(2.) The prosecution case in brief is that on 17.08.2015, at around 21:45 hours, respondent no. 2 assaulted one Dharmendra Singh (since deceased) and Mr. Piyushkumar Bishwakarma with a knife at Premier Bairro, St-Cruz, Tiswadi. Dharmendra Singh succumbed to the injuries sustained, while Piyushkumar received simple injuries in the incident. The appellant happens to be the widow of Dharmendra Singh.

(3.) At the trial, prosecution examined as many as eighteen witnesses and produced the contemporary record of investigation. The respondent no. 2 did not lead any evidence in defence. The learned Sessions Judge framed the following points for determination :