PRAKASH NAIR Vs. STATE OF GOA

JUDGEMENT

(1.) Heard Mr. Kaif Noorani, learned Counsel appointed under the Legal Aid Scheme for the appellant and Mr. S. R. Rivankar for the Respondent-State.

(2.) This appeal is directed against judgment and order dated 04.06.2007 and 06.06.2007 made by Additional Sessions Judge, North Goa, in Sessions Case No. 5/2007, convicting the appellant under Section 302 of IPC, and sentencing him to undergo life imprisonment and payment of fine of Rs. 1,000/-, or in default, simple imprisonment for a period of six months. The appellant has also been convicted under Section 201 of IPC and sentenced to undergo imprisonment of five years and fine of Rs. 500/-, or in default, simple imprisonment for a period of three months. In terms of Section 31 (1) Cr.P.C., both sentences of imprisonment, were ordered to run concurrently.

(3.) The charge framed against the appellant was that on 11.06.2006 at around 10.50 p.m., at Kumbharwada, Merces, the appellant murdered one Salam, by intentionally causing his death and thereby committing the offence of murder punishable under Section 302 of IPC. The appellant was also charged with causing the evidence to disappear, by dragging and dumping the dead body of Salam into the Temple pond nearby, thereby committing an offence punishable under Section 201 of IPC. The appellant pleaded "not guilty" and was therefore tried. The Prosecution examined 18 witnesses. Thereafter, the statement of the appellant under Section 313 Cr.P.C. came to be recorded. The appellant neither examined himself nor any defence witnesses.