SNEHAL DIAS Vs. STATE

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 28th February, 2017 / 2nd March, 2017 passed by the Court of the Special Judge, NDPS, Mapusa, in Sessions Case No. 38/2010 (Old) renumbered as Sessions Case No.18/2016 (New), by which the Appellant herein was convicted for the offence of murder punishable under Section 302 of the Indian Penal Code (IPC) and sentenced to life imprisonment and to pay a fine of Rs. 25,000/- and in default to undergo rigorous imprisonment for a period of two months. The appellant was also convicted for the offence of robbery under Section 392 of IPC and sentenced to undergo rigorous imprisonment for a period of five years and to pay a fine of Rs. 10,000/- and in default to undergo rigorous imprisonment for two months. Since the appellant was arrested on 03/09/2010 and has been in custody since the said date, the appellant was held entitled to the benefit of set off in terms of law. Besides, it was directed that the substantive sentences were to run concurrently.

(2.) The case of the prosecution is that, on 2nd August, 2010 prior to noon, the appellant murdered Naresh Dourado by stabbing him with knife and robbed his car, laptop, hard disc, music speaker etc. Accordingly the appellant was charged for offence punishable under Sections 302 and 392 of IPC and by the impugned judgment and order, the learned Sessions Judge had convicted and sentenced the appellant. Hence the, present appeal.

(3.) Mr. Arun Bras De Sa, learned Counsel for the appellant has assailed the conviction on various grounds. He submits that since this was a case based on circumstantial evidence, the principles relating to evaluation of circumstantial evidence ought to have been followed but have not been followed by the learned Sessions Judge. He submits that the recoveries of certain incriminating articles have not at all been proved and in any case, based upon such recoveries, the appellant could never have been convicted for offences under Sections 302 and 392 of IPC.