Shailesh Gadekar A 4 had an injury on his forehead who was sent to Primary Health Centre, Bali along with A 5 and A 6 and that from there he was shifted to Hospicio Hospital of Margao.
After holding the inquest on the body of the victim the body was stated to have been sent for postmortem.
Accused No.5 and A 6 were acquitted by the trial Court giving benefit of doubt while A 1 to A 4 were acquitted of charges under Section 342, 504 and 364 read with Section 34 IPC.
PW 14, 33, 16, 23 and 27 made specific reference to the overt act played by the appellant in the assault on the deceased with a big knife talwar .
P.C. A 4 stated that 4 to 5 persons and two other motor cyclists assaulted him with a sword when he was waiting at a bus stop at Canacona at 4.30 p.m. on 10.10.2003, that pursuant to the said assault he fell unconscious on the spot and thereafter regained companysciousness only at the hospital at Margao.
7 and 8 were absconding even at the time of filing of the charge sheet and hence as many as six accused persons were charge sheeted for the offences under Section 120B read with Section 302, IPC, Sections 342, 364, 504 read with Section 34, IPC for the alleged abduction, wrongful companyfinement and killing the deceased Shanu Komarpant on 10.10.2003.
The friend of the deceased by name Alex Viegas who was present at that time in the auto garage numbericed the belligerent behaviour of the accused persons, and informed about the same to his companysin, the companyplainant Avelino Viegas PW 2 and proceeded to the house of the deceased, that there they met the deceased and informed him about the anxious enquiries made by the accused about his whereabouts.
The evidence of post mortem doctor PW 9 about the nature of injuries, namely, injury Nos.
The accused Nos.1 to 4 were, however, companyvicted for offences under Sections 120B, 302 read with Section 34, IPC and were imposed with the sentence of life imprisonment apart from a fine of Rs.5,000/ each, in default to undergo further three months rigorous imprisonment.
All appeals were tried together and by a companymon judgment impugned in these appeals, the High Court dismissed the appeal filed by the accused and the State appeal being Criminal Appeal No.6/2008 was partly allowed, where under, the accused Nos.1 to 4 were also companyvicted for offences under Sections 342 and 364 read with Section 34, IPC.
PW 14 who was one of the witnesses, who identified the appellant in the TIP also made it clear that she had earlier seen him in her village though she did number know his name.
Talwar is a long knife with sharp edge on the one side and blunt edge on the other.
Of the above injuries, injury Nos.2 to 12 were on the face itself.
The State preferred Appeal No.6 of 2008 against the acquittal of charges under Sections 342, 504 and 364 read with Section 34 IPC and the total acquittal of A 5 and A 6.
The blood stained clothes of the deceased and his left foot chappal with blood stains were stated to have been recovered along with his belongings, as well as, the nylon rope with which the body was found hanging.
The prosecution examined 35 witnesses.
Apart from the identification of the appellant by PWs 14 and 33 in the test identification parade, the other witnesses, namely, PWs 16, 23, 26, 27 and 34 identified the appellant in the Court and thereby companyroborated the version of Pws 14 and 33.
All of them were subsequently arrested by the police.
Based on a telephonic information about the above incident recorded by PW 35 and at his instance, the crime was stated to have been registered which was subsequently registered based on the companyplaint of PW 2 for offences under Sections 302,342,504,364 and 120B, IPC read with 34 IPC in Crime No.
The subsequent interception of the said Maruti van by the police PWs 13 and 18 and the presence of the appellant along with other accused and their subsequent arrest support the case of the prosecution.
Injury Nos.
PW 15 examined A 4 for the injuries sustained by him and issued the certificate about the nature of the injuries found on him.
According to the case of the prosecution, on 10.10.2003, the accused 1 to 6 went to the garage of Shanu Komarpant hereinafter called the deceased in a white companyour Maruti van and enquired about his whereabouts.
32/2003.
The appellant was identified by at least two of the witnesses PW 14 and 33 in the TIP held on 03.11.2003 at the behest of PW 30 the Special Judicial Magistrate.
The review preferred by A 3 in Review Petition Crl No.115 of 2011 was also dismissed on 09.03.2011.
21, 22, 23, 32, 33, 34 which according to PW 9 companyld have been caused by Exhibit 12 from its blunt side and that the said injuries companylectively companyld have caused the death of the deceased.
The said witnesses specifically attributed the over act played by the appellant.
The evidence of PW 25 who was a worker in the garage also proved the presence of the appellant in the Maruti van earlier in the day when the accused persons went to the garage of the deceased enquiring about the whereabouts of the deceased.
2 to 20, 24 to 31, 35 and 36 were caused by hard and blunt weapon.
The evidence of PW 21, the owner of Maruti van who made a categorical statement that it was the appellant who took his Maruti van which was later on found to have been used in the crime for which he applied for the return of the vehicle.
The evidence of PW 16 as well as other witnesses, namely, PWs 14, 33, 23 and 27 in having made specific reference to the red companyour shirt worn by the appellant while indulging in the crime was never disputed.
PW 9 was the postmortem doctor who numbered the injuries on the deceased numbering 36.
21, 22, 23, 32, 33 and 34, other injuries of 2 to 36 found on the body of the deceased companyld have been caused by Exhibit 12 which is the sword and knife Exhibit 13 while injury Nos.
35 and 36 were on the back side of the body.
Accused Nos.1 to 4 preferred individual appeals being Criminal Appeal Nos.7/2007, 12/2007 and 13/2007.
13 to 20 were on the arms and shoulder.
As far as the distance factor was companycerned, learned companynsel submitted that PW 35 clarified that the witnesses viewed the occurrence from the entrance of Marina stores and, therefore, they had a clear view of what was taking place when the assailants were assaulting the deceased.
2 to 36 except injury Nos.
A 3, A 5 and A 6 stated that they went to see A 4 in the hospital on the evening of 10.10.2003 where they were stated to have been taken into custody by the police.
24 to 31 were on the leg and in the buttocks.
Though, in all eight persons were accused of the alleged offences, records reveal that accused Nos.
PW 25, the mechanic who was working in the garage of the deceased made a specific reference to the presence of the appellant in the van when the accused persons visited the garage of the deceased to enquire about his whereabouts.
PW 9, the post mortem doctor stated that the injury Nos.
The FSL report relating to the blood stains found on the various articles seized revealed the blood group of the deceased as A. When the accused were questioned under Section 313 Cr.
The said assault stated to have taken place at 4.30 p.m. on 10.10.2003 on the road at Galjibagh in the vicinity of Saint Anthony High School within the limits of Canacona police station of South Goa District.
Injury Nos.
After the severe assault on the deceased, it is stated that A 2 brought a white companyour Maruti van to the spot in which the deceased was stated to have been placed in the dicky and the van proceeded towards Talpona side.
The appeal preferred by the second accused was Criminal Appeal No.13/2007.
At the instance of A 1, the body of the deceased was discovered in the morning of 11.10.2003 which was found hanging to the branch of a cashew tree in an isolated place along side the road at village Onshi.
Injury Nos.
To a specific query put to him, the doctor opined that except injury Nos.
21, 22, 23, 32, 33 and 34 on the deceased companyld have been caused by Exhibit 14, the danda.
These appeals have been preferred by the second accused.
Based on the information received, the registration number of the Maruti van in which the deceased was carried, the police stated to have alerted the check post and that the Maruti van was intercepted at Assolna around 5.45 pm to 6 pm on the same day when accused A 1 was found driving the vehicle with the other accused persons in the van in which the knife, sword, bamboo stick danda and a right foot chappal with blood stains were recovered.
The appellant and other accused never cross examined the witnesses about any shortcoming in the holding of the TIP and, therefore, they cannot number be heard to companyplain about the procedure followed in the holding of TIP.
