Woman jailed for culpable homicide at Chicalim
HERALD REPORTER
MARGAO, APRIL 27
The South Goa Sessions court on Tuesday sentenced Lalita Nepali to five years imprisonment for causing the death of Madhavi at the Salgaocar Medical Research Chicalim two years ago.
Additional sessions Judge P V Kamat further directed the accused to pay a fine of Rs 2000 or to undergo one month’s simple imprisonment.
The judge said though the accused did not intend to commit the murder of the woman, the act of the accused is daring and reprehensible and committed in the presence of many people and in public.
Though the Vasco police had charged the accused under section 302 of the IPC for murder of Madhavi, Judge Kamat convicted the accused Nepali for culpable homicide not amounting to murder.
“There is no evidence forthcoming that when the accused entered the hospital to visit the victim, she was carrying the incriminating articles. The Knife used by the accused is a kitchen knife lying on the table where Madhavi was taking treatment”, judge said
The judge said evidence suggest that when the accused entered in the room, the accused was not found in an angry mood, adding that there is every reason to believe the altercation between the accused and the victim suddenly arose or that it prompted the accused suddenly to assault the victim with the knife readily available nearby.
“As such, there is no reliable or cogent evidence that there was any intention on the part of the accused to kill the victim. There is also no evidence or circumstances to arrive at a conclusion that the act of the accused was well calculated or a well arranged plan to get rid of Madhavi. Though the accused had the knowledge that the natural and probable consequence of her assault with the sharp weapon would result in the death of the victim, there lies no intention to kill her”, the judge said, while holding the accused guilty of culpable homicide not amounting to murder instead of murder.
