ROY FERNANDES Vs. STATE OF GOA

JUDGEMENT

(1.) This appeal by special leave arises out of an order dated 22nd July 2002 passed by the High Court of Bombay at Goa whereby the appeal filed by the appellant has been dismissed and the conviction and sentence awarded to him by the trial Court for offences punishable under Sections 143, 148, 323, 325 and 302 read with Section 149 IPC upheld.

(2.) Felix Felicio Monteiro aged about 60 years at the time of the incident was the President of a Chapel at Bastora in Goa. The Chapel it appears is situated next to the house of one Rosalina Monteiro. The chapel and the house owned by Rosalina are accessible from the main road by a path about 20-25 meters in length. A dispute regarding the said path and resultant litigation was it appears at the bottom of the incident that culminated in the sad and untimely demise of Felix Felicio Monteiro.

(3.) On 11th May, 1997 the deceased Shri Monteiro, his wife PW1 Sebastiana Monteiro, PW4 Julie Monteiro, her husband PW6 Salish Monteiro besides a few others went to the Chapel equipped with the necessary tools and implements in order to put up a fence around the property. The prosecution story is that while pits for fixing cement poles required for the fencing were being dug in front of the house of Rosalina Monteiro, her daughter named Antonetta raised an objection and used harsh words against those engaged in digging the pits work. A few minutes later a Maruti Van arrived on the spot carrying "5 persons including the appellant herein", who went to Salish PW6, - and gave him a fist blow on the face and he started bleeding. He then gave a blow on the face of the deceased Felix Felicio Monteiro and threw him on the ground. While the deceased was being helped by his companions to stand up and move towards the road, Anthony D'Souza one of the accused persons took out a knife and gave a stab on the left thigh of the deceased which unfortunately cut one of his arteries that led to profuse bleeding. The result was that the injured breathed his last even before he could be helped by John, his neighbour to rush him to the hospital. At the hospital, he was declared brought dead. The hospital all the same informed the Mapusa Police Station. P.I. Subhash Goltekar-PW22 from the police station recorded the statement of PW1-Sebastiana Monteiro in which she named the appellant. The police completed the investigation which included recovery of the weapon of offence pursuant to the disclosure made by accused No.2, Anthony D'Souza and lodged a chargesheet against the accused persons for offences punishable under Sections 143, 147, 148, 201, 302 and 323 read with Section 149 IPC. The Additional Sessions Judge to whom the case was - eventually committed charged the accused persons including the appellant herein with the commission of offences punishable under Sections 143, 148, 302 read with Section 149 IPC and Sections 323 and 326 read with Section 149 IPC and Section 201 read with Section 149 IPC. At the trial the prosecution examined as many as 22 witnesses to prove its case against the accused persons. The accused persons did not lead any evidence in defence.