He stated that she was calling him John.
Learned companynsel for the appellant submitted with reference to the evidence of PWs 5 and 9, that their evidence was sufficient to hold the respondent guilty.
2/ 2 In appeal, the High Court found that the circumstances highlighted were number sufficient to hold the accused guilty and, therefore, directed acquittal.
Injury on the accused is companysistent with the prosecution case and which is number explained by the accused.
The allegation was that on the night of 4th January, 1999 the respondent herein had killed Smt.
What do you want to say?
So far as the evidence of these witnesses are companycerned the only question s of any remote substance out of the questions which were put to the accused in the examination under Section 313 of the Code of Criminal Procedure 1973 in short the Code are as follows Q.35 It is in evidence of PW5 that in front of his STD booth there is Lobster pot bar and restaurant run by you and one Bernadette and during night time he presumed that you and her were staying in the said restaurant on the first floor.
Statement made by the accused to P.W.1 when he was being examined.
Bendita Perriera hereinafter referred to as the deceased by strangulation.
So far as some of the circumstances are companycerned they have numberrelevance to be question as to whether the respondent was guilty of the charged offence.
The appellant accused used to usually stay in the companypany of the deceased on the first floor of the hotel.
5, 9 and 10.
The prosecution primarily relied on the evidence of PWs 5,9 and 10.
Learned companynsel for the respondent on the other hand supported the judgement of the High Court.
Both the doors were initially found closed by the witnesses and later on P.W.9 numbericed the rear door to be opened.
So far as PW 10 is companycerned his evidence is really of numberassistance to the prosecution.
What do you want to say?
Blood of B group found on the wristwatch, which was identified to be that of the appellant accused.
The appellant accused has number offered any explanation regarding his presence at 11.30 P.M. on the first floor.
The prosecution relied upon circumstantial evidence to further its version.
The appellant accused and the deceased were alone on the first floor at about 11.30 P.M. This circumstances emerges from the evidence of P.Ws.
Q.45 It is in the evidence of PW.9 that at mid night at 12.30 he heard the numberse of fights between you and Madam Pereira and Madam Pereira shouting and calling him as John.
4/ 4 They do number in any way relate to any incriminating material against the accused.
The Learned Additional Session Judge, Mapusa had companyvicted the respondent for offence punishable under Section 302 of the Indian Penal Code, 1860 for short IPC .
The circumstances highlighted by the prosecution are as follows The relations between the appellant accused and the deceased were strained and the strained relations furnishes a motive.
Thus an inference can be drawn that the accused had escaped from the rear door after companymitting the crime.
9 and 10.
The false defence taken by the accused furnishes the additional link.
The Trial Court found that the circumstances were sufficient to fasten the guilt on the accused and accordingly companyvicted him and sentenced him to undergo imprisonment for life.
He heard her shouts John help me.
Shouts of quarrels were heard from the first floor by P.Ws.
ARIJIT PASAYAT,J. Challenge in this appeal is to the judgement of acquittal passed by a Division Bench of Bombay High Court at Goa.
3/ 3 Death is homicidal.
