MARGAO
The mother-son duo, who was convicted for culpable homicide not amount to murder in the Xelvona murder case has been sentenced to 10 years rigorous imprisonment by the South Goa Sessions Court on Tuesday.
Pronouncing the sentence, Additional Sessions judge, Pooja Kavkelar said each of the two accused Shevanti and Hemant Desai, convicted under section 304 Part I of the IPC, are sentenced to undergo rigorous imprisonment of 10 years and to pay a fine of Rs one lakh each.
In default of payment of fine, the Court has directed the duo to undergo simple imprisonment of 6 months. Fine so paid by both the accused shall be paid as compensation to the legal heirs of the deceased. In addition to this compensation, legal heirs of the deceased shall be entitled for compensation before the competent authority under Goa Victim Compensation Scheme, 2012, the Judge pointed out.
While sentencing the mother-son duo, Judge Kawlekar observed “as a life is lost, the court cannot show undue sympathy to the accused. In the instant case, a single blow was given. Accused did not act in a cruel and depraved manner. Accused no.2 is a young boy on whom the accused no.1 is completely dependent being his mother. Accused no.1 is a senior citizen and a woman. There are no criminal antecedents against them. Considering all these factors, maximum sentence prescribed by law under section 304 Part 1 of IPC is not imposed, the Court is inclined to impose the sentence of rigorous imprisonment extending up to 10 years”.
In this case which had occurred on February 23, 2018 at Xelvona-Curtorim, the accused nos.1 and 2 with their common intention raised quarrel with deceased Suryakant Dessai, age 42 years, resident of Xelvona over the issue of property boundary stone when the construction of compound wall was in progress. The police charged accused no.1 for allegedly catching hold of the deceased shirt collar, pulled him down and in the meantime accused no.2 with criminal intention assaulted Suryakant Desai with a spade (khore) on backside of his head and other body region and as a result of which he succumbed to the injuries on the way to Goa Medical College and hospital, Bambolim.
The Curchorem police had charged the mother-son duo for murder, but the Court finally convicted the duo for culpable homicide not amounting to murder.
