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2017 Supreme(Bom) 1300

C.V.BHADANG, PRITHVIRAJ K.CHAVAN
Ulhas Pednekar – Appellant
Versus
State Through PP High Court of Bombay at Panaji, Goa – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Arun Bras De Sa, Advocate
For the Respondent: S.R. Rivankar, Public Prosecutor

JUDGMENT :

Prithviraj K. Chavan, J.

1. This appeal is directed against the judgment and order of conviction dated 26.8.2014 passed by the Additional Sessions Judge, South Goa, Margao in Sessions Case no.16/2013 in which the appellant has been convicted under Section 302 IPC and sentenced to undergo life imprisonment, inter alia, fine of Rs.50,000/- and in 2 default to undergo simple imprisonment for 2 years.

2. The prosecution case, as emerged from the record, can be stated as follows:-

The deceased Distiano was a driver working on a private vehicle at hotel Park Hyatt, Uttorda Goa. He was employed on a fixed salary of Rs.5000/- per month by PW2 Hitler Correia to drive his private Innova car No. GA-06-T-1409. The marriage of younger brother of deceased Distiano was to be solemnized on 20.4.2013 and, therefore, Distiano was on leave. On 19.4.2013 PW-1 Natty Mascarenhas, younger sister of Distiano was on her way to Margao to purchase suit for wedding alongwith one Rosy Fernandes when a call was received by said Rosy Fernandes from Distiano that Mr. Ulhas Pednekar (appellant) had assaulted him with a knife in his abdomen and that he had fallen near a Park Hyatt Hotel. PW-1 Natty immediate










































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