Team Goemkarponn
Panaji: A Sessions Court in Goa has convicted a man in connection with a homicide case but ordered his immediate release after concluding that he has already served the full duration of his sentence while in custody.
The accused, Rashbihari alias Rassu Mahato, was held guilty of culpable homicide not amounting to murder. The court awarded him six years of rigorous imprisonment, but granted him the benefit of set-off, noting that he had already spent an equivalent period behind bars during the course of investigation and trial.
While delivering its judgment, the court observed that the evidence on record did not support a conviction for murder under Section 302 of the Indian Penal Code. Instead, it ruled that the case fell under Section 304 Part II, which applies in situations where death is caused without intention but with knowledge that the act could be fatal.
The court further noted that the incident stemmed from a sudden altercation and lacked any element of pre-planning, bringing it within the exceptions that distinguish culpable homicide from murder.
In view of these findings and the time already undergone in jail, the court directed that the accused be released forthwith, provided he is not wanted in any other case.
