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2008 Supreme(SC) 1816

ARIJIT PASAYAT, MUKUNDAKAM SHARMA
State of Goa – Appellant
Versus
Pandurang Mohite – Respondent


JUDGMENT

Dr. ARIJIT PASAYAT, J.

1. Challenge in these appeals is to the judgment of a Division Bench of Bombay High Court at Goa directing acquittal of the respondent. The accused faced trial for offences punishable under Section 302, 392 and 201 of the Indian Penal Code, 1860 (in short the `IPC'). The learned Additional Sessions Judge, Mapusa found the accused guilty of offence punishable under Sections 302, 392 and 201 IPC and convicted him to undergo imprisonment for life, seven years and one years with different fines with default stipulations.

2. In appeals the High Court found the evidence to be inadequate and directed acquittal.

3. Prosecution version in a nutshell is as follows:

Chandrakant Mahadeshwar and his son Shyam Mahadeshwar (hereinafter referred to as the `deceased') had gone for the annual fair to sell sweets at the village Zarme. On 1.3.1998, in the morning they were returning home. At about 7.30 A.M. when they reached at village Valpoi, Shyam told his father that he would stay behind and father should proceed ahead to his house and that he would follow him after some time. So, Chandrakant left behind Shyam at Valpoi and went to his Village at Thana. Till 1.00 p.m. on























































































































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