PANJIM: The High Court of Bombay at Goa has directed the Additional Sessions Court, Mapusa to reduce charges of murder against a Nigerian to culpable homicide.
The accused Agu Frank Godwin had challenged the framing of the charge under Section 302 (murder) of Indian Penal Code before the High Court arguing that murder of his compatriot Ekene was not pre-planned.
As per the prosecution, a fight broke out between the two Nigerians as the victim did not greet the accused while greeting all others, an incident that occurred at Pernem in February 2018.
After the stabbing, one of the gang members took the victim in a car to a private hospital at Anjuna and left the hospital soon thereafter before the police could arrive. The doctors at the hospital declared the victim dead on arrival.
Quashing the order, the lower court on the charges against the accused, the bench observed that it was an incident probably occurred at the spur of the moment, which contemplates when culpable homicide is not murder.
