MARGAO
The witness convicted for giving false evidence in the infamous Guru Pujari murder case, dubbed as Goa’s first contract killing case, was on Wednesday sentenced by Judicial Magistrate First Class, Margao to undergo three years simple imprisonment and pay a fine of Rs 10,000.
While sentencing accused Subhash Mhamal Mandrekar under Section 193 of the IPC and rejecting his plea for release under the Probation of Offender’s Act, Judicial Magistrate First Class, Shahir S Issani observed that the offence of perjury is an offence against public justice.
“Nothing threatens more the concept of justice than a witness who turns hostile for extraneous considerations. The trend of witnesses changing their statements at different stages of a criminal proceeding has to be arrested. Threat of legal action cannot ensure respect for the law, but a timely reminder must be served that none is beyond the reach of the law”, Judge Issani said.
From the 164 statement of the accused, Judge Issani said it is clear that the accused was a material witness in the Sessions case to prove the conspiracy to commit the murder of Guru Pujari. The truthful evidence of the accused could have not only established the motive of the offenders but also the different stages in which the conspiracy was hatched to commit the crime. As direct evidence was not available, the truthful evidence of the Accused could have helped the Prosecution complete the chain of circumstances.
“A deliberate mis-statement made in a court of justice which tends to defeat and impede the progress of justice is not an offence which can be lightly passed over. Any misplaced sympathy for the accused will embolden the likes of the accused to state falsehood on oath with impunity. There is therefore no justification to show any leniency to the accused by imposing on him a sentence of fine only”, he said.
“The gravity of the offence coupled with the fact that the act of the accused contributed to shaking the foundation of the public trust in the justice delivery system are factors which far outweigh any mitigating circumstances that exist in favour of the accused”, the judge added.
The sensational Guru Pujari murder had shocked the city of Margao and the state of Goa after he was shot dead by two persons riding on a motorcycle.
As many as four persons faced trial in the South Goa Sessions Court. The trial ended with the acquittal of three persons while the fourth one was absconding. The judgement of the trial Court was unsuccessfully challenged before the High Court. The High Court records that altogether 55 witnesses were examined during the trial, of which 12 witnesses had turned hostile. Subhash Mandrekar was one of the witnesses who was examined during the trial and declared hostile.
