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2017 Supreme(Bom) 2490

C.V.BHADANG, PRITHVIRAJ K.CHAVAN
Mahesh Mahadev Tari, Son of Mahadev Tari – Appellant
Versus
State Through Police Inspector, Shri C. L. Patil – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Shri Pavithran A. V., Advocate
For the Respondent: Shri S. R. Rivankar, Adv.

JUDGMENT :

C. V. BHADANG, J.

By this appeal, the appellant is challenging his conviction for the offence punishable under section 302 of Indian Penal Code (I.P.C, for short). The appellant has been sentenced to imprisonment for life and to pay a fine of Rs.10,000/-.

2. The prosecution case may be briefly stated thus:

That on 6/9/2011 at about 7.30p.m, the appellant along with now deceased Namdeo Tari were having a drink in 'Dattaprasad bar', at Tariwada, Shiroda, Ponda Goa. Shri Ashok Naik, (PW.5) was also in the bar having a drink. It is the prosecution case that a quarrel took place between the appellant and the deceased Namdeo Tari. The owner of the bar asked them to move out of the bar. After the appellant, the deceased and Ashok Naik, (PW.5) came out of the bar on the road, there was again a quarrel which took place between the appellant and the deceased wherein the appellant is said to have removed a knife from the pocket of his raincoat and stabbed Namdeo on the chest and the back side of the neck. As a result of the assault Namedo fell on the road in a pool of blood. The appellant threatened Ashok Naik (PW5) not to disclose the incident to anybody. Thereafter, (PW5) and the app




















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