The Navhind Times Archive

HC partly allows appeal in murder case




The High Court of Bombay at Goa has partly allowed an appeal in a murder case.

The appeal, filed by convict Prakash Nair, was directed against judgment and order made by the additional sessions judge, North Goa, convicting the appellant under Section 302 of IPC, and sentencing him to undergo life imprisonment and ordering payment of fine of Rs 1,000, or in default, simple imprisonment for a period of six months.

The appellant has also been convicted under Section 201 of IPC and sentenced to undergo imprisonment of five years and with payment of fine of Rs 500, or in default, simple imprisonment for a period of three months.

The charge framed against the appellant was that on June 11, 2006 at Kumbharwada, Merces, the appellant allegedly murdered one Salam, by intentionally causing his death and thereby committing the offence of murder.

The High Court has said that the conviction under Section 201 of IPC is maintained.

However, the conviction under Section 302 of IPC is set aside and instead, the appellant is convicted under Section 304 Part I of IPC (causing death of any person by doing any rash or negligent act not amounting to culpable homicide).

The High Court also said that the appellant is sentenced to suffer imprisonment for the period already undergone and pay a fine of Rs 1,500 and in default, to suffer simple imprisonment for a period of one month.

The appellant shall be set at liberty on deposit of the fine (if not already deposited) and is not required in connection with any other offence.



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