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2023 Supreme(Bom) 1010

M. S. SONAK, BHARAT P. DESHPANDE
Vijay – Appellant
Versus
State Of Goa – Respondent


Advocates appeared:
S.D.Lotlikar, Advocate, Jayant Karn, Advocate, S.G.Bhobe, Advocate

JUDGMENT

BHARAT P.DESHPANDE, J. - Accused no.2/appellant challenges judgment/order and conviction dtd. 11/5/2022 passed by the learned Additional Sessions Judge, Mapusa in Sessions Case No.66/2013 wherein the appellant is found guilty for an offence punishable under Sec. 302 and accordingly sentenced to suffer imprisonment for life and to pay fine of Rs.1.00 lac and in default to undergo further imprisonment for a period of 3 years.

2. The appeal was admitted and a private paper-book has been furnished by the appellant. Similarly, Records and Proceedings have been called from the learned Sessions Court, for the purpose of taking up the matter for final disposal.

3. We have heard learned Senior Counsel Shri Saresh Lotlikar alongwith Shri Jayant Karn, learned counsel for the appellant and Shri S. G. Bhobe, learned Public Prosecutor for the State at length.

4. Shri Lotlikar canvassed mainly the following aspects:-

(a) All eye-witnesses' testimonies are very tentative and are not reliable.

(b) No witnesses including eye-witnesses stated that the appellant/accused no.2 is the author of such injuries.

(c) Depositions of eyewitnesses are full of major contradictions and omissions.

(d) Alleged

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