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2021 Supreme(Bom) 857

M.S.SONAK, BHARATI DANGRE
Vijay Kerkatta – Appellant
Versus
State Of Goa – Respondent


Advocates appeared:
A.V. Pavithran, Advocate, P. Faldessai, Advocate

JUDGMENT

M.S. Sonak, J. - Heard Mr. A.V. Pavithran, learned Advocate for the appellant, and Mr. P. Faldessai, learned Additional Public Prosecutor for the respondent - State.

2. This appeal is directed against the judgment and order dated 13/03/2020 made by the learned Sessions Judge, South Goa, at Margao in Sessions Case (302) No.3 / 2019 convicting the appellant for the offense punishable under Section 302 of IPC and sentencing him to suffer imprisonment for life and pay a fine of Rs. 10,000/- and in default to suffer Simple Imprisonment for six months.

3. The case of the prosecution as reflected in the charge-sheet is that on 07/10/2018 at around 20.30 hours at Vodlebhat Verna Salcete, Goa, the appellant (accused) assaulted one Umesh Dungdung and thereafter assaulting with a laterite stone on his head causing him fatal injuries. The accused then fled away from the spot and this incident was captured in a CCTV camera attached to the DVR fixed in the house of the complainant (Pw1).

4. The prosecution examined 18 witnesses and thereafter the accused was questioned under Section 313 of Cr. P.C. The accused neither examined himself nor led any defense evidence. By the impugned judgment a

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