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2018 Supreme(Bom) 2068

N.M.JAMDAR, PRITHVIRAJ K.CHAVAN
Rushi @ Rushia Das, Presented Lodged in Central Jail Colvale Bardez Goa – Appellant
Versus
State of Goa, Bicholim P. S. – Respondent


Advocates:
Advocate Appeared:
K. Poulekar, Prithvi Bandekar, Y. Kotkar, S.R. Rivankar.

JUDGMENT :

Prithviraj K. Chavan, J.

1. By this appeal, the Appellant challenges his conviction under Section 302 of Indian Penal Code, wherein he has been sentenced to undergo imprisonment for life and fine of Rs. 10,000/- in default to undergo simple imprisonment for three months by the learned Additional Sessions Judge, Mapusa, for having committed murder of his wife in the intervening night of 22 October 2012 and 23 October 2012.

2. The prosecution case in brief is as follows:-

The Appellant originally is a resident of Orrisa, who had migrated to the State of Goa. He was residing at Karapur, Tisk Bicholim Goa with his wife Sabitri, the deceased, their sons: PW-5 Prashant Das and PW-1 Sushant Das. The Appellant was unemployed person, and addicted to liquor. He was in habit of demanding money from his sons Prashant and Sushant and also from his wife deceased Sabitri. Whenever his family members were unable to provide him money, he used to pick up a quarrel with them and used to abuse. It is alleged that he used to assault his wife and extend threats of dire consequences.

3. According to first informant, PW-1 Sushant Das, who works as a Painter on temporary basis at a Bus Body Building

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