Mother, son get HC relief in Xelvona murder case

PANJIM: The High Court of Bombay at Goa on Tuesday suspended the sentence of a mother and her son, who were sentenced to 10 years rigorous imprisonment by the Trial Court in connection with the murder of one Suryakant Dessai of Xelvona-Curchorem.

The High Court Judge Prakash D Naik ordered that both the applicants be released on a personal bond of Rs 25,000 each with one or more surety in the like amount to the satisfaction of the trial Court. 

They have been asked to deposit the fine amount in the trial Court within two weeks from the date of their actual release on bail. 

Shevanti Dessai and her son Hemant alias Sarvesh had filed a criminal appeal before the High Court praying for suspension of sentence and grant of bail during the pendency of appeal challenging the judgment and order dated August 22, 2023, passed by the Additional Sessions Judge, South Goa at Margao.

The duo was convicted for offence under Section 304 (i) read with Section 34 of the Indian Penal Code (IPC) and sentenced to undergo 10 years rigorous imprisonment and to pay fine of Rs 1 lakh each and in default to undergo six months simple imprisonment.

The case of the prosecution was that on February 23, 2018, the applicants raised a quarrel with the victim over the issue of property boundary mark when the construction of compound wall of one Rukma Gokuldas Verekar was in progress. One of the accused caught hold of the shirt collar of the victim and pulled him down and the other accused assaulted him with a spade on the back side of his head, which resulted in injury on the back side of the head and abrasions and bruises on the other parts of the body. In the same evening the injured succumbed to the injury. 

Arguing on behalf of the accused, Adv Anacleto Viegas and Adv Sahil Sardessai submitted that the applicants were on bail during the trial. They have not misused the bail facility and that they are in custody from the date of judgment.

The advocates pointed out serious discrepancies in the evidence adduced by the prosecution and as to who assaulted the victim. 

The learned Trial Judge has corrected the deposition which also creates confusion as to who had allegedly assaulted the victim with weapon, they said, appealing to the Court to suspend the sentence and to release the applicants.

Additional Public Prosecutor Gaurish Nagvenkar told the Court that the prosecution has proved the charges against the applicants. There were eyewitnesses to the incident including a child, who is the daughter of the deceased. Her evidence is trustworthy. Her version has been considered by the trial Court while convicting the applicants, he said.