S.C.DHARMADHIKARI, U.V.BAKRE
Rajesh @ Maratha S/o. Sambahi Patil – Appellant
Versus
State of Goa – Respondent
U.V. Bakre, J.
This appeal is filed by the accused, in Sessions Case No.5 of 2006, who has been convicted and sentenced of the offence punishable under Section 302 of Indian Penal Code (I.P.C., for short) to undergo life imprisonment and to pay fine of Rs. 5,000/-, in default to undergo rigorous imprisonment for a period of two months.
2. The case of the prosecution, in short, is as follows : The accused and the deceased (Sana Shaikh) were labourers working in the wholesale fish market at Margao. There was enmity between the accused and the deceased since prior to the incident. On 01/11/2005, in the evening time, at about 7.00 p.m., on the occasion of Deepawali, crackers were brought by Manik and Sana in front of Suzie Bar and were burst. Thereafter, Manik and Sana entered the Bar when the accused started abusing them. Then, there was altercation between the accused and the deceased and abuses were exchanged. At about 10.15 p.m. to 10.30 p.m., in front of Rebello's Hospital, there was a fight between the accused and the deceased. At about 00.15 hours on 02/11/2005, at the said Wholesale Fish Market, Margao, the accused stabbed the deceased namely Sana Shaikh with a broken g
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