Accused had been in custody for over 6 years
PANAJI
A six-year-old murder trial has concluded with the Sessions Court at Merces convicting Rashbihari alias Rassu Mahato of culpable homicide not amounting to murder. He was sentenced to six years of rigorous imprisonment, a term he has already served in custody, and has been ordered to be released immediately if not required in any other case, after being granted the benefit of set-off.
In a 76-page judgment, Sessions Judge Vijaya Ambre held that the prosecution failed to prove the charge of murder under Section 302 of the Indian Penal Code. Instead, the offence was found to fall under Section 304 Part II IPC, read with Exception 4 to Section 300, which applies to deaths caused during a sudden fight without premeditation.
“The accused is convicted for the offence punishable under Section 304 (II) and 324 of IPC,” the court stated. For the offence under Section 304(II), Mahato was sentenced to six years’ rigorous imprisonment and fined Rs 2,000. Under Section 324, he was awarded 21 days’ rigorous imprisonment and fined Rs 1,000. Both sentences will run concurrently.
The court noted that Mahato has been in custody since April 2, 2020, and has already spent six years and 21 days in detention. He was granted set-off under Section 428 of the Criminal Procedure Code, leading to the direction for his immediate release.
The case stems from an incident on April 2, 2020, at a rented room on Dhauji Road in Old Goa, where Mahato was accused of fatally assaulting Mangal Hembram. The prosecution had initially sought a murder conviction.
After examining 12 prosecution witnesses, the accused’s statement, and the overall circumstances, the court concluded that the incident occurred during a sudden quarrel, with no clear intention to kill. This led to the charge being reduced from murder to culpable homicide.
While the prosecution argued for maximum punishment, the defence maintained there was no intent to cause death. The court also noted that Mahato is a first-time offender from a poor economic background and took a lenient view.
