UNION TERRITORY OF GOA Vs. BEAVENTURA DSOUZA

JUDGEMENT

(1.) - This appeal pursuant to the leave granted by this Court is directed against the judgment of High Court of Bombay acquitting the two respondents.

(2.) The two respondents were tried for offences punishable under Ss. 460, 302, 307 and 397 read with Section 34 of the Indian Penal Code. It is alleged that on the intervening night of 3rd and 4th September, 1980 the accused committed the murder of Filemena Pareira and Mary Lobo and committed robbery by stealing the articles belonging to the deceased persons. It is also further alleged that during the one of them caused injury to Clera Pareira P.W. 24. The case rested mainly on the circumstantial evidence. The main circumstance is the recovery of the articles alleged to have been made at the instance of the accused. The trial Court appears to have mainly relied on the alleged recovery and presumption that the accused must have committed the murder and committed the robbery since they did not give any explanation for the stolen property.

(3.) The High Court in its detailed judgment considered the entire evidence in respect of all the circumstances and held that the prosecution has not established the guilt of the accused beyond all reasonable doubt.