IN THE HIGH COURT OF JUDICATURE AT BOMBAY AT GOA BENCH
N.M. JAMDAR, PRITHVIRAJ K. CHAVAN, JJ.
Shamsundar Anchan @ Shyam - Appellant
Versus
State - Respondent
Criminal Appeal No. 15 of 2017
Decided On : 04-05-2018
Misbehaving with wife - Terminated from service - Strangulate violently - Stabbed in stomach - Indian penal code 1860 – Code of criminal procedure 1973 - Section 374 (2) , 302 - By this appeal under S 374 (2) of Cr P C - appellant has challenged judgment and order of his conviction by which he is sentenced to undergo imprisonment for life with fine of of offence punishable under Section 302 of IPC and another life imprisonment for offence punishable under S 307 of IPC and fine - In default he is directed to undergo sentences of one year and two years respectively - Appellant was working as a Manager at Lilia Guest House - Earlier, he was arrested by Panaji Police for misbehaving with wife of PW5 Sagun Lingudkar and thereafter he was terminated from service - In his place, deceased Sidharam was appointed to look after work - It is case of prosecution that this had enraged appellant who carried grudge against deceased - On fateful day, PW9 Umesh Alure went to Panaji - He received a phone call from PW8 Naresh Mandrekar that somebody had stabbed Rajashri (PW1) who was lying in a pool of blood at guest house - When he inquired with her she informed that at appellant came to guest house who had some discussion with deceased Sidharam near reception counter - She went inside - Appellant came to her room and informed her that Sidharam was calling her at reception - When she followed appellant to reception he tried to strangulate her violently and thereafter shouted "You want Sidhu, You want Sidhu" and said "I killed him and I will kill you " Thereafter appellant stabbed her in stomach with sharp object due to which she started bleeding and fell on floor - Appellant fled away from spot - On basis of complaint, a crime came to be registered as Crime –Held, Learned Sessions Judge has correctly appreciated facts and evidence on record and reached a proper conclusion that prosecution has established chain of all circumstances namely motive behind offence, last seen together, discovery of weapon, false defence of appellant and, therefore, sentenced and convicted appellant as above - Prosecution has, thus, established by its cogent, convincing and trustworthy evidence chain of all events which only points out towards guilt of appellant and, therefore, we do not find any reason to interfere with impugned judgment and order of conviction - Consequently, Appeal stands dismissed
PRITHVIRAJ K. CHAVAN, J.
1. By this appeal under Section 374 (2) of the Cr.P.C. the appellant has challenged the judgment and order of his conviction dated 22.3.2016 by which he is sentenced to undergo imprisonment for life with fine of Rs. 25, 000/- of the offence punishable under Section 302 of IPC and another life imprisonment for the offence punishable under Section 307 of IPC and fine of Rs. 50, 000/-. In default he is directed to undergo sentences of one year and two years respectively.
2. The prosecution case, as emerged from the records, can be summarised as follows:-
Umesh Alure (PW9) had lodged a First Information Report with Panaji Police Station on 28.8.2010. He is brother of the deceased Sidharam Alure (for short "deceased") who were residing at Lilia Guest House, Dona Paula, Panaji. The deceased was working as a room boy-cum-receptionist of the said guest house. He was provided with a room in the basement of the guest house where these two brothers were residing. The deceased was married with Rajashri Alure (PW1) on 16.5.2010. PW1 Rajashri Alure came to cohabit with her husband in the room of guest house on 29.5.2010.
They hailed from Solapur (Maharashtra).
3. Sagun Lingudkar (PW5) was looking after the paper work of the guest house which belongs to Dr. Clive Martins (PW6), a retired Surgeon of Goan origin, now settled in Australia, who had entrusted the work of his guest house as above. He used to visit India on annual or by annual basis.
4. The appellant was working as a Manager at Lilia Guest House since November, 2009. Earlier, he was arrested by Panaji Police on 29.6.2010 for misbehaving with the wife of PW5 Sagun Lingudkar and thereafter he was terminated from the service. In his place, deceased Sidharam was appointed to look after the work. It is the case of the prosecution that this had enraged the appellant who carried grudge against the deceased. On the fateful day of 28.8.2010, PW9 Umesh Alure went to Panaji for work around 8.30 hours. He received a phone call around 12.20 hours from PW8 Naresh Mandrekar that somebody had stabbed Rajashri (PW1) who was lying in a pool of blood at the guest house. He rushed to the guest house, before which, he informed his friend PW10 Vilas Gaude to reach the guest house. When he reached he noticed Rajeshri (PW1) lying in a pool of blood and Vilas was offering her water. When he inquired with her she informed that at around 10.30 hours the appellant came to the guest house who had some discussion with the deceased Sidharam near the reception counter. She went inside. Around 12.00 hours the appellant came to her room and informed her that Sidharam was calling her at the reception. When she followed the appellant to the reception he tried to strangulate her violently and thereafter shouted "You want Sidhu, You want Sidhu" and said "I killed him and I will kill you." Thereafter the appellant stabbed her in the stomach with the sharp object due to which she started bleeding and fell on the floor. The appellant fled away from the spot. Meanwhile, the police and the ambulance arrived at the spot and shifted Rajashri to G.M.C., Bambaolim, for treatment. The deceased was found lying in room no.004 of the said guest house. On the basis of the complaint, a crime came to be registered as Crime No. 246/2010 under Sections 307 and 302 IPC.
5. Pw21 Sandesh Chodankar- the Investigating Officer, rushed to the scene of occurrence. By that time, PW1 Rajashri was already shifted to G.M.C. The dead body of the deceased was identified by PW5 Sagun Lingudkar. The Investigating Officer held investigation into the Crime by recording the scene of offence panchanama (Exh.20), Inquest Panchanama (Exh. 21), Collection of blood stains (Exh.1 to 8), Clothes of the deceased (Exhs 11 to 14 ) and recorded the statement of the concerned witnesses. He also collected blood samples from the spot. The Finger Print Expert namely V. Rajakrishnan was summoned to collect the chance finger print, if any. The
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