A division bench of Justice Sadhana S Jadhav and Justice Prithviraj K Chavan on Thursday passed verdict on Martis's appeal against his conviction. (Express File Photo) The Bombay High Court on Thursday dismissed an appeal filed by Aquino Martis, who was convicted for stabbing to death his girlfriend Paloma Fernandes In Mira Road in January, 2009.
The Thane sessions court, on May 2, 2012, had convicted Martis for murder and sentenced him to life imprisonment.
Fernandes hailed from Goa and worked at a call centre in Malad. She and Martis were residents of adjacent buildings in the same housing society in Mira road.
The watchman of the housing society had lodged a report at Mira Road station, stating that there was a quarrel between the accused and the victim which went on for four to five days prior to the incident and the bone of contention was that her ATM card was lost and she suspected that it was with Martis.
A division bench of Justice Sadhana S Jadhav and Justice Prithviraj K Chavan on Thursday passed verdict on Martis’s appeal against his conviction filed through advocates Nitin Sejpal, Pooja Sejpal and Akshata Desai.
Appellant’s lawyers argued that he was arrested only on suspicion since he was in love with the deceased and prosecution has not proved that ATM card of the deceased was missing or that they quarrelled, and also it could not be proved that the appellant had entered Fernandes’s flat and therefore he deserved to be acquitted.
Appearing from the prosecutionās side, advocate Arfan Sait, said that Sessions court’s judgement was justified and no interference was required.
After hearing submissions, the bench held, “The prosecution has proved the guilt of the accused beyond reasonable doubt. In view of the above, the judgement of the trial court calls for no interference. Appeal is dismissed.”
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