CHANAKYA NATIONAL LAW UNIVERSITY

NYAYA NAGAR, MITHAPUR, PATNA - 800001

ROUGH DRAFT SUBMITTED IN THE PARTIAL FULFILMENT OF THE

COURSE TITLED –

EVIDENCE LAW
On The Topic
SRI ASHOK GAVADE VS. STATE OF GOA, [1995 CR.L.J. 943]

SUBMITTED TO: - SUBMITTED BY: -

DR. MEETA MOHINI NAME: KARAN SINGH RAUTELA
FACULTY OF LAW SEMESTER: IV
ROLL NO.: 1736
COURSE: B.A., L.L.B(HONS.)
SESSION: (2017-2022)
 INTRODUCTION

This is a case which allegedly occurred on the night of 2-12-1991 at Pirla, Quepem, and the
body of the deceased was purported to have been discovered only on 6-12-91. The main
protagonists of the tragic incident are the accused No. 1 Surekha Desai married to one Suresh
Desai, a police constable at that time attached to Colva Police Station, Ashok Gavade, the
accused No. 2, who is a labourer working in the sugarcane plantation at Pirla and the deceased
Rohidas Shankar Desai who was working as a peon at Pirla in the Animal Husbandry
Department. The conviction of the accused is based essentially on circumstantial evidence and
18 witnesses were examined by the prosecution, including the accused No. 1 Surekha's minor
son Anil, of 8 years of age. It seems that Surekha developed illicit relations with Rohidas and
later on with accused No. 2 Ashok also which was objected by Rohidas and therefore, both the
accused hatched a plan and decided to get rid of him and caused his physical elimination by
way of strangulation. Thereafter the two accused with the help of Anil threw the dead body of
Rohidas in a dry nullah, 500 meters away from the accused No. 1's house. It is further the case
of the prosecution that, in furtherance of the plan, Surekha allegedly purchased a liquor bottle
and eggs on or about 2-12-1991 and invited Rohidas to her house on that night. Thereupon she
served plenty of liquor to Rohidas and made him totally under the influence of liquor. Then the
took accused No. 2 Ashok inside the house at late night and both tied a rope around the neck
of Rohidas whilst he was practically unconscious due to drunkardness and then the two
tightened the rope around the neck by standing in opposite directions as a result whereof
Rohidas died due to strangulation. Thereafter both the accused with the help of Anil dragged
the body of Rohidas from the back side of the house to a nullah located about half kilometer
from her house wherein it was dumped.

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AIMS AND OBJECTIVES

 to critically analyse the importance of circumstantial evidence.

 to establish relation between the evidences produced and the judgement of the case.

HYPOTHESIS

The researcher has presumed

 that the conviction on basis of circumstantial evidence was correct.

 the researcher presumes that the court was right in dismissing the appeal.

RESEARCH METHODOLOGY
In this project Doctrinal Method as well as Non Doctrinal methods are used. Doctrinal Methods
refer to Library research, research or processes done upon some texts writings or Documents,
legal propositions and Doctrines, Articles, Books as well as Online Research and Journals
relating to the subject. Non Doctrinal Method refers to non -conservative ways of research i.e.
field work, interviews, questionnaire, interacting with people and getting answers etc. This
project is an intensive one so both methods are needed to arrive at concrete conclusion.

SOURCES OF STUDY

 Primary sources: Case Law, Legal Sources, Acts, etc.

 Secondary Sources: Newspapers, journals, periodicals, etc.

LIMITATIONS OF THE STUDY:

There are various hindrances which can be faced by the researcher during the formation of this
project such as scarcity of time, expensive legal materials for various research works, research
done by an individual.

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TENTATIVE CHAPTERIZATION

1. Facts of the case

2. Issues before the court
3. Decision of the court
4. Evidence law in the case
5. Analysis of the decision
6. Conclusion and Suggestions

Bibliography