HC upholds acquittal in Pujari homicide case | Goa Information


PANAJI: Upholding the acquittal of three accused within the sensational Guru Pujari homicide case, the excessive courtroom of Bombay at Goa on Tuesday handed strictures in opposition to the style through which the police investigated the case, and noticed that the cold-blooded homicide had gone unpunished.
Pujari was shot lifeless on November 23, 1999, by two unknown individuals, who rode as much as him on a motorbike, in Khareband, Margao, fired the pictures and fled. The killing was believed to be the fallout of a enterprise rivalry over matka (kind of playing).
Dismissing the attraction filed by the state authorities in opposition to the acquittal of Srikar Naik Kurade, Glenn Peters and Felix Fernandes, the division bench of Justices R S Dalvi and F M Reis noticed, “It is vitally disturbing that the prosecution has not effectively pursued the trial to convey ahead sufficient materials to ascertain the fees framed in opposition to the respondents. The cold-blooded homicide has gone unpunished.”
The courtroom added, “Little question, it’s unlucky {that a} ugly crime has not been correctly investigated.”
Recounting the killing, the prosecution said that the homicide was a sequel to the matka enterprise rivalry between Pujari and Kurade. It identified that Peters with the assistance of Fernandes killed Pujari following directions from Zacarias Rodrigues (absconding). Kurade entered right into a legal conspiracy with Rodrigues to eradicate Pujari, the prosecution alleged.
The HC noticed, “The proof establishes that the bullets which had been recovered from the physique of the deceased match the revolver which was utilized in commissioning the offence, however there may be severe doubt that such revolver was hooked up within the method claimed by the investigating officer (IO).”
Stating that the realized choose (periods courtroom) additionally famous the involvement of the IO within the identification parade to doubt its veracity, the HC said that the trial courtroom took notice of the truth that Felix was arrested on February 14, 2000, and the identification parade was held solely on February 27, 2000.
Commenting on the style through which the investigation was carried out, the HC remarked, “The one proof collected at this level of the investigation is eyewitness accounts or spontaneous statements of a suspect on the scene. After the scene is secured, rapid and acceptable notification have to be made to the murder investigators. The significance of preserving the murder crime scene and conducting an clever examination on the scene can’t be overemphasized. If a homicide case ends in failure or an officer is embarrassed in courtroom, the first cause could very properly be an insufficient examination of the murder scene or a failure to implement good primary crime scene procedures as outlined on this textual content.”
The HC additionally held that the the trial courtroom had rightly appreciated the proof on document to return to the conclusion that Kurade, Peters and Fernandes, be given good thing about doubt. “Contemplating the style through which the investigation has been carried out by the prosecution, we discover that such preservation of murder crime scene is discovered wanting. We hope the investigations in future can be extra environment friendly to research such crimes in a extra competent method to convey forth dependable materials to ascertain the guilt of the accused concerned within the crimes.” the HC noticed.
Throughout the listening to of the case, public prosecutor S R Rivonkar said that though 12 witnesses examined by the prosecution had turned hostile there was enough proof on document to ascertain that the respondents had dedicated the crime.
He additional submitted that the prosecution had additionally established that there was rivalry between Pujari and Kurade over the playing enterprise.
Whereas stating that Pujari’s gada (store) had been burnt at Khareband, the PP stated the prosecution had proved that Pujari had been receiving threats to his life from Kurade previous to the homicide.
S G Desai, senior advocate, who appeared for the accused, argued that the prosecution was attempting to ascertain their case on the idea of inadmissible proof. He additionally submitted that there was no materials on document to even remotely join any of the respondents with the commissioning of the crime.



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