Shri. Naushad @ Jabbar Beig, Presently Lodged At Modern Central Jail Colvale. v. State (As Rep. By The Officer In Charge, Panaji Police Station And ANR.,

IN THE HIGH COURT OF BOMBAY AT GOA

CRIMINAL APPEAL NO. 19 OF 2016 SHRI. NAUSHAD @ JABBAR BEIG, PRESENTLY LODGED AT MODERN CENTRAL JAIL COLVALE.

... Appellant

Versus

STATE (AS REP. BY THE OFFICER IN CHARGE, PANAJI POLICE STATION AND ANR., ... Respondents Ms. Dolorosa Chiquita Tulkar, Advocate for the appellant. Mr. Mahesh Amonkar, Additional Public Prosecutor for the respondents.

Coram:- C. V. BHADANG & PRITHVIRAJ K. CHAVAN, JJ.

Date:- 22nd September 2017 . OPERATIVE ORDER (i) The Appeal is partly allowed.

(ii) The Conviction of the appellant for the offence punishable under Section 302 of IPC is modified to one under Section 304 Part II of IPC.

(iii)The appellant is sentenced to imprisonment for the period already undergone and to pay a fine of Rs.10,000/-.

(iv) Fine, if not already paid, to be deposited before the learned Sessions Judge.

(v) On deposit of the fine, the appellant shall be set at liberty forthwith, if not required in connection

CRIA/19/2016 with any other offence.

(vi) The order as regards disposal of the property is hereby maintained.

PRITHVIRAJ K. CHAVAN, J.

C. V. BHADANG, J.

SMA