The High Court, while dismissing the convict's appeal, noted that the prosecution has established the motive and the presence of the accused at the scene of the offence
Bombay High Court. File pic
The Bombay High Court on Thursday upheld the life sentence awarded to a 34-year-old man for killing his girlfriend, who was employed with a BPO, at her residence in neighbouring Thane district 13 years ago.
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A division bench of Justices S S Jadhav and P K Chavan was hearing an appeal filed by Acquino Martis, challenging a sessions court's May 2012 judgment convicting him on the charges of murder and sentencing him to life imprisonment.
The High Court, while dismissing the convict's appeal, noted that the prosecution has established the motive and the presence of the accused at the scene of the offence.
"The prosecution has proved the guilt of the accused beyond reasonable doubt," the court said.
According to the prosecution, on January 28, 2009, Martis stabbed Paloma Fernandes (26) to death inside her home in a residential building in neighbouring Thane district.
After stabbing Fernandes, Martis tried to stab himself, but was overpowered by the watchman of the building and was later arrested.
The victim's father had told the police and later the trial court that he was aware of the relationship between his daughter and the accused, but had dissuaded Paloma as Martis had several bad habits.
The prosecution had claimed that the victim and the accused were quarrelling a few days before the incident over Paloma's lost ATM card. The victim suspected that Martis had stolen the card.
It further relied on the watchman's testimony that since the quarrel, Paloma sensed danger from Martis and had hence asked the watchman to lock her house from outside and hand over the keys to her from the window.
On the day of the incident, Paloma had even asked the watchman to accompany her till her house, it was stated.
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