Subhash Krishnan vs State Of Goa

2. These appeals have been preferred by the second accused. Though, in all eight persons were accused of the alleged offences, records reveal that accused Nos. 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 confinement and killing the deceased Shanu Komarpant on 10.10.2003. 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. The accused Nos.1 to 4 were, however, convicted 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. Accused Nos.1 to 4 preferred individual appeals being Criminal Appeal Nos.7/2007, 12/2007 and 13/2007. The appeal preferred by the second accused was Criminal Appeal No.13/2007. 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. All appeals were tried together and by a common 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 convicted for offences under Sections 342 and 364 read with Section 34, IPC. The High Court held that the conviction of the said accused would, therefore, be for all the offences including offences under Sections 342, 364 read with Section 34, IPC. At the outset, it has to be mentioned that as against the common judgment of the High Court, appeal was stated to have been preferred by A-3. However, it was dismissed at the stage of preliminary hearing. The review preferred by A-3 in Review Petition (Crl) No.115 of 2011 was also dismissed on 09.03.2011.

3. 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 colour Maruti van and enquired about his whereabouts. The friend of the deceased by name Alex Viegas who was present at that time in the auto garage noticed the belligerent behaviour of the accused persons, and informed about the same to his cousin, the complainant-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. It is stated that the deceased himself wanted to straightaway go and meet the first accused with a view to arrive at some settlement relating to an issue relating to a love affair and in that view the deceased along with PW-2 and Alex Viegas went to the place of occurrence in two motor cycles one driven by PW-2 along with the deceased and the other hired by Alex Viegas and that after reaching the place of occurrence when the deceased asked A-1 as to for what purpose he was searching for him, the accused persons stated to have assaulted the deceased with knife, sword and bamboo stick (danda) and gave kick blows by hand in the middle of the road viewed by persons standing nearby. It is further stated that PW-2 was held by A-1 from extending any help to the deceased and save him from the assault by the other accused while Alex Viegas stated to have been directed by PW-2 to fetch other people for saving the deceased from the severe onslaught meted out to him. 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.

4. After the severe assault on the deceased, it is stated that A-2 brought a white colour 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. 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 complaint of PW- 2 for offences under Sections 302,342,504,364 and 120B, IPC read with 34 IPC in Crime No. 32/2003. 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. 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. All of them were subsequently arrested by the police.

5. 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. 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. After holding the inquest on the body of the victim the body was stated to have been sent for postmortem. PW-9 was the postmortem doctor who noted the injuries on the deceased numbering 36. PW-15 examined A-4 for the injuries sustained by him and issued the certificate about the nature of the injuries found on him.

6. The prosecution examined 35 witnesses. The FSL report relating to the blood stains found on the various articles seized revealed the blood group of the deceased as ‘A’.

7. When the accused were questioned under Section 313 Cr.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 consciousness only at the hospital at Margao. 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. A-1 and A-2 made total denial of the offence in their questioning under Section 313, Cr.P.C. As stated earlier, the trial Court acquitted A-5 and 6 and convicted A-1 to A-4 for offences under Sections 302 and 120B read with Section 34, IPC and acquitted them for the offences under Sections 342, 504 and 364 read with Section 34 IPC.

k) PW-23 referred to the bleeding injuries on A-2 in definite terms, whereas according to PW-9 as well as PW-15, no injury was found on A-2 and the only accused on whom knife injury was found was A-4. Therefore, the presence of the appellant and his involvement in the crime was not made out.

j) 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.

15. In that case, according to PW-1 the investigation officer received information about the death of a person through PSI of another police station without any details as to how the incident happened and as to the cause of the incident and with that cryptic information regarding the death of a person who was residing within the jurisdiction of the investigating officer in an incident alleged to have taken place on the date and time informed to him without making any entry in the general diary or get any FIR lodged, the IO stated to have gone to the place of occurrence and noted certain blood marks with his torch light where even the complaining party was not present. Thereafter by bringing the persons present at the place of occurrence to the police station and after collecting necessary information, the FIR was recorded.

If that evidence is found to be reliable then absence of corroboration by test identification would not be in any way material. Further, where reasons for gaining an enduring impress of the identity on the mind and memory of the witnesses are brought on record, it is no use to magnify the theoretical possibilities and arrive at conclusion - what in present day social environment infested by terrorism is really unimportant. In such cases, not holding of identification parade is not fatal to the prosecution……..”

27. Having regard to our above conclusions, we do not find any merit in these appeals. The judgment impugned in these appeals does not call for any interference. The appeals fail and the same are dismissed accordingly.

August 17, 2012