The High Court of Bombay at Goa has countermanded and set aside the impugned judgment and order dated December 20, 2021, delivered by the sessions judge, South Goa in the case of the murder of Baptista D’costa alias Batu. The accused was sentenced to life imprisonment and 1 lakh rupees fine for the murder of Baptista D’Costa by the lower court.
It may be recalled that in a brutal murder case that took place at Betalbatim in south Goa in January 2018, a partially naked body of 54-Year-Old Baptisto D’costa was found at Betalbatim beach and the police were suspecting it was a case of sexual orientation and the same was also confirmed by the Accused in his statement in a report published on the Goa Prism channel.
Colva police in 2018 arrested the accused namely Aman Gopal Kavatiya, 21-year-old for allegedly murdering a 53-year-old man namely Baptisto D’costa alias Batu.
On January 20, 2018, at Lover’s beach, Betalbatim, the accused murdered D’costa by slitting his neck with a sharp knife, and after committing the crime, the accused concealed the blood-stained weapon in the bushes and took away the gold items of the deceased.
Cash and two mobiles, and concealed them at different places. The prosecution was led by counsel DM Korgaonkar examined 28 witnesses in the case.
“All the circumstances stood proved by the prosecution, and all the circumstances taken together are sufficient to hold the accused guilty of murder beyond all reasonable doubt,” judge D’silva observed.
The High Court said, “The appellant’s conviction under Sections 302, 394, and 201 of IPC and the sentence imposed upon him are set aside.
The appellant is to be set at liberty forthwith unless required in any other case. The appellant has to furnish fresh bail bonds under section 437-A of CrPC, of 25,000 with one surety in the like amount, within a period of one week from his release, until the appeal period is over.