Back
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT GOA
C.V. BHADANG, PRITHVIRAJ K. CHAVAN, JJ.
Santosh Pujari - Petitioner
Versus
State (Through the Maina Curtorim Police Station) - Respondent
Criminal Appeal No. 47 of 2014
Decided On : 07-09-2017
Last Seen Theory - Murder - Indian Penal Code (IPC) Section 302, Section 201 - The court discussed the last seen theory, extra judicial confession, and discovery under Section 27 of the Evidence Act. The judgment was influenced by the principles of circumstantial evidence and the requirements of Section 27 of the Evidence Act.
Fact of the Case:
The deceased was found dead with multiple injuries. The appellant was convicted based on the 'last seen together' theory, extra judicial confession, and discovery of the weapon of offence and clothes.
Finding of the Court:
The court found that the evidence did not conclusively prove the guilt of the appellant. The 'last seen together' theory, extra judicial confession, and discovery under Section 27 of the Evidence Act were not sufficient to establish guilt beyond reasonable doubt.
Issues: The issues revolved around the reliability of the 'last seen together' theory, extra judicial confession, and the discovery of the weapon of offence and clothes under Section 27 of the Evidence Act.
Ratio Decidendi: The court emphasized the need for conclusive evidence and the proper application of the principles of circumstantial evidence and Section 27 of the Evidence Act.
Final Decision: The appeal was allowed, the appellant was acquitted of the charges, and the impugned judgment was set aside.
Prithviraj K. Chavan, J.
1. This appeal is directed against the judgment and order of conviction dated 17.1.2014 passed by the Additional Sessions Judge, South Goa, Margao in Sessions Case no.1/2013 in which the appellant has been convicted and sentenced under Section 302 IPC for life and fine of Rs.50,000/- (Rupees fifty thousand only) as well as under Section 201 of IPC for which he is sentenced to undergo Rigorous imprisonment for three years and fine of Rs.10,000/- (Rupees ten thousand only).
2. Facts emerged from the record can be summarised as follows:-
Complainant - Vincent Baptista (PW1) is the uncle of deceased Luis Baptista who had lodged a complaint with Maina Curtorim Police Station on 6.10.2012. Deceased Luis was staying alone in his room in the joint family. Luis was working as a labourer on daily wages in Loutolim area. On 4.10.2012, deceased Luis informed Vincent Baptista (PW1) that he would be going for medical examination at Panaji on 6.10.2012, as he was planning to go abroad. On 5.10.2012 at about 5.00p.m when PW1 Vincent Baptista was proceeding towards his residence on his motorcycle, he saw Luis standing on the road in front of Maria Bar at Carvotta Loutolim. After having dinner around 9.00p.m when PW1 Vincent was about to go to his bed, his son PW5 Simon came home and informed that Luis was playing carom at Vincy Bar Carvotta Loutolim however on 6.10.2012 at about 6.30 hours when Vincent went for fishing at Carvotta, a person informed him that someone had killed Luis. PW1 therefore, immediately rushed to the spot which was situated in front of house of PW13 Dinesh Mota at Carvotta. He noticed Luis lying dead on the ground and was surrounded by many persons. He also noticed several bleeding cut injuries on the face and hands of Luis. On inquiry, he came to know that Luis was playing carom at Vincy Bar on the earlier night alongwith Peter Culaco, Juze Thomas, Simon, Diago and appellant Santosh Pujari. After the game all of them left the bar at about 22 hours. On the basis of the complaint, an offence under Section 302 IPC came to be registered at Maina Curtorim Police Station. The Complaint is at Exh. 11.
3. PW19 Gurudas Kadam, Police Inspector, attached to the said Police Station on receiving information through a phone call informed PSI Ravi Desai who was duty officer to visit the scene of occurrence alongwith sufficient staff. PW19 also reached the spot and noticed deceased Luis lying in a pool of blood with many cut injuries over his head, face and neck region. PW19 Gurudas Kadam drew the scene of occurrence panchanama. He had also informed dog squad as well as finger print squad and police photographer to visit the spot. He had collected the blood stained mud and other articles from the scene of occurrence. He had also seized pair of sandal of the deceased having blood stains. Panchanamas were drawn in the presence of two pancha witnesses namely PW2 Jose Fernandes and PW3 Joseph Fernandes. Inquest panchanama was drawn as per Exh. 13 colly. Dead body of the deceased was forwarded to Hospicio Hospital Margao for conducting detailed inquest panchanama and for conducting autopsy. The photographs of the dead body were taken by a police photographer. Clothes on the person of the deceased in the form of green coloured t-shirt having black horizontal stripes smeared with blood and a blue coloured short were seized under a panchanama.
4. During autopsy it revealed that it was a case of homicidal death. On the same day, body of the deceased was handed over to the relatives for funeral. Investigating officer had recorded statement of various witnesses. During the course of investigation PW13 Dinesh Mota approached police station and informed PSI Ravindra Desai that his labourer had committed murder of deceased Luis. On the basis of the investigation and the information given by PW13 Dinesh Mota, the appellant came to be arrested. The clothes on the person of the appellant were seized. In view of the volunta
AI
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
