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2022 Supreme(Bom) 683

M.S.SONAK, R.N.LADDHA
Deva Biswas, Goa, Through his next friend Francis Barretto, Son of Agatho Francis Rodrigues – Appellant
Versus
State of Goa, Through Police Inspector – Respondent


Advocate Appeared:
For the Appellant :Ms. Barbara Andrade & Mr. Shivan Desai, Advocates
For the Respondent: Mr. Nikhil Vaze, adv

JUDGMENT :

M.S. Sonak, J.

1. Heard Ms. B. Andrade, learned Counsel appointed under the Legal Aid Scheme on behalf of the Appellant, and Mr. Nikhil Vaze learned Additional Public Prosecutor for the State.

2. This appeal is directed against the judgment and order dated 30.11.2017, by which the Appellant was convicted for an offense under Section 302 of the Indian Penal Code (IPC) and sentenced to suffer imprisonment for life and to pay a fine of Rs.10,000/-and in default to undergo three months simple imprisonment. The Appellant was also convicted for an offense under Section 201 of IPC and sentenced to undergo rigorous imprisonment for three years and pay a fine of Rs.10,000/-and, in default, undergo simple imprisonment for one month.

3. On 19.11.2015, the Learned Additional Sessions Judge framed a charge against the Appellant alleging therein that on 06.07.2015 at about 00.30 hours at D'Costa Restaurant, IDC, Verna, Goa, the Appellant intentionally and knowingly murdered one Shiva Bhakti thereby committing an offense under Section 302 of IPC. The charge also states that the Appellant caused certain evidence concerning the said offense to disappear to screen himself from legal punishmen

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