Case Note & Summary
This is a criminal appeal by the State of Goa against the judgment and order dated 20.02.2013 passed by the Additional Sessions Judge-1, South Goa, Margao in Sessions Case No.19/2007, whereby the three respondents were acquitted of offences under Sections 120B, 364 read with Sections 34 and 120B, 302, and 201 of the Indian Penal Code, 1860. The prosecution alleged that the accused conspired to murder Sameer Mapari, a driver employed by accused Nos.1 and 2, because he intended to leave their employment and had knowledge of their illegal activities, including an attempted murder. On 31.07.2007, the accused allegedly took Sameer to a farm house, sedated him by administering beer laced with calmpose tablets, tied him to a fabricated metal frame using nylon rope and copper wire, placed a marble slab on his chest, and then, with the help of accused No.3, rowed him in a canoe to the Zuari river and drowned him. The body was discovered floating in the river at Shiroda on 08.08.2007. After identification by relatives, a complaint was lodged. The prosecution examined 100 witnesses to prove the chain of circumstantial evidence. The trial court framed ten points for determination and found that the employment of the deceased, his disappearance, the recovery of a body, and the homicidal nature of death were proved, but failed to hold that the body was that of Sameer Mapari, that the accused had a motive, or that they committed the crimes. Consequently, all accused were acquitted. The State appealed, contending that the circumstantial evidence, including identification of the body, recovery of incriminating articles like the metal frame, rope, wire, beer bottles, and calmpose tablets, and evidence of motive, convincingly established guilt. The appeal was heard and judgment reserved on 30.09.2014. The provided extract does not contain the High Court's final decision or reasoning, only the grounds of appeal and the trial court's findings.
Issue of Consideration
Whether the State could demonstrate that the trial court erred in acquitting the accused based on the circumstantial evidence, particularly regarding the identification of the body and the motive, and whether the chain of circumstances was complete.
Law Points
- appeal against acquittal
- circumstantial evidence
- identification of dead body
- chain of circumstances
- motive
- homicidal drowning
- missing person
- criminal conspiracy
- abduction for murder
- causing disappearance of evidence
- beer sedation
- metal frame fabrication
- nylon rope
- copper wire
- calmpose tablets
Case Details
2014 LawText (BOM) (11) 60
Criminal Appeal No. 33/2013
B.P. Dharmadhikari, A.S. Gadkari
Mr. S. R. Rivonkar, Public Prosecutor for the appellant-State; Mr. S. G. Dessai, Senior Advocate with Mr. Pavithran A.V., Advocate for respondent No.1; Mr. A. D. Bhobe, and Ms. Tejaswini Kole, Advocates for respondent No.2; Mr. D. Zaveri, Advocate under Legal Aid Scheme for respondent No.3
State of Goa, through Investigating Officer, (Major), (SDPO Ponda, Goa.)
Rajesh Dessai, Balesh Dessai, Vinay Dessai
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Nature of Litigation
Criminal appeal against acquittal
Remedy Sought
The State appealed to set aside the acquittal and convict the accused for murder and related offences
Filing Reason
The State was dissatisfied with the trial court's acquittal, contending that the circumstantial evidence sufficiently proved guilt
Previous Decisions
The Additional Sessions Judge-1, South Goa, Margao, acquitted the accused in Sessions Case No.19/2007 on 20/02/2013
Issues
Whether the prosecution could establish that the dead body found was that of Sameer Mapari
Whether the prosecution could establish the chain of circumstantial evidence beyond reasonable doubt to prove guilt of the accused under Sections 302, 364, 201, 120B IPC
Submissions/Arguments
The prosecution argued that all incriminating circumstances were convincingly proved, establishing a complete chain that left no doubt about the guilt of the accused. Special emphasis was placed on the identification of the body by relatives, the recovery of the fabricated metal frame, nylon rope, copper wire, and pliers, the purchase of calmpose tablets and beer, the post-mortem report indicating death within 8-10 days, and the evidence of PW30, PW56, PW58, and the deceased's sister and mother regarding motive. It was contended that the trial court had failed to properly appreciate this evidence.
Judgment Excerpts
The prosecution story, in brief, is that the deceased Sameer Mapari was in employment of accused Nos. 1 and 2 as driver.
Has the prosecution proved that the dead body found was the body of Sameer Mapari ? Not proved.
Procedural History
Missing report of Sameer Mapari filed at Curchorem Police Station on 05.08.2007. Dead body found floating in Zuari river at Shiroda on 08.08.2007. FIR registered at Ponda Police Station under Section 302 IPC and other sections. Investigation initially by PW96 Manjunath Dessai from 08.08.2007 to 18.08.2007. Accused Nos.1 and 2, who had absconded, surrendered on 17.08.2007. Further investigation from 19.08.2007 by PW99 Dy. S.P. Mohan Naik. Sessions Case No.19/2007 tried before Additional Sessions Judge-1, South Goa, Margao. Vide judgment dated 20.02.2013, all three accused acquitted of all charges. State filed Criminal Appeal No.33/2013 before the High Court of Bombay at Goa. Appeal heard and reserved for judgment on 30.09.2014. Judgment pronounced on 14.11.2014.
Acts & Sections
- Indian Penal Code, 1860: 120B, 364, 34, 302, 201
