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2019 Supreme(Bom) 1648

M.S.SONAK, NUTAN D.SARDESSAI
Nazir Pathyekhanvar – Appellant
Versus
State of Goa – Respondent


Advocates Appeared:
K. Paulekar, Adv., S.R. Rivankar, Adv.

JUDGMENT :

M.S. Sonak, J.

Heard Mr. Paulekar, learned Counsel for the appellant and Mr. S.R.Rivankar, learned Public Prosecutor for the respondent/State.

2. This appeal is directed against the judgment and order dated 20.01.2017 in Sessions Case (302) No. 35 of 2015 made by the Sessions Judge, South Goa at Margao convicting the appellant for the offences punishable under Section 302 and 201 of the Indian Penal Code (IPC) and sentencing the appellant to life imprisonment for the offence under Section 302 and for payment of fine of Rs. 10,000/- or in default three months simple imprisonment and simple imprisonment for three years and payment of fine of Rs. 5000/- or in default three months simple imprisonment for also offence under Section 201 of IPC.

3. We have heard Mr. Paulekar, learned Counsel for the appellant and Mr. S. R. Rivankar, learned Public Prosecutor for the State.

4. The charge framed against the appellant was that on or about 05.05.2015, in the afternoon at Newvada, Telegao, Sirvoi, Quepem Goa, the appellant committed murder by intentionally causing death of Shanul son of Shajaan Sharif, resident of Pedamol, Sirvoi, Quepem thereby committing offence punishable under Sectio

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