GILBERT PEREIRA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The appellant Gilbert Pereira was tried by the First Additional Sessions Judge D.K., Mangalore having been charged of the offences under Sections 302 and 397 IPC for having committed the murder of a young girl Marita Margaret Pereira and robbing her of her gold ornaments. The learned Additional Sessions Judge acquitted him of the charges under Sections 302 and 397 IPC but found him guilty of the offence under Section 379 IPC, since it found that the gold ornaments worn by the deceased shortly before her murder, and which were found missing after her murder, were recovered at the instance of the appellant who could offer no plausible explanation as to how he came in possession of the said ornaments. Accordingly, he was found guilty of the offence under Section 379 IPC and sentenced to two years rigorous imprisonment and also to pay a fine of Rs. 2000/- and in default to undergo rigorous imprisonment for a period of three months.

(2.) The State of Karnataka preferred an appeal to the High Court of Karnataka against the order of acquittal being Criminal Appeal No. 89 of 1997. The High Court by its judgment and order of October 30, 2002 allowed the appeal, set aside the acquittal of the appellant and sentenced him to life imprisonment for the offence under Section 302 IPC and to pay a fine of Rs.1000/-. He was also sentenced to undergo rigorous imprisonment for seven years for the offence punishable under Section 397 IPC. The sentences were ordered to run concurrently. In default of payment of fine of Rs. 1500/- the appellant was directed to undergo simple imprisonment for three months.

(3.) We may notice at the threshold that the accusation against the appellant was sought to be proved by circumstantial evidence as no one had witnessed the occurrence in which Marita was murdered. The case of the prosecution is that Marita (deceased) lived with her parents in Chokkadi at village Yenagudde in Udupi Taluk. Her father Thobias Pereira PW-1 was an agriculturist. On April 6, 1995 Marita accompanied her father to the coconut garden at about 7 a.m. for watering the coconut trees. After they had worked for some time, at about 9.15 a.m. PW-1 sent Marita (deceased) to their house with one plastic kerosene can and another small can with some implements in a nylon bag. She was to keep these items at home and bring tea for her father PW-1 in the coconut garden. Till about 11 a.m. Marita did not return and, therefore, PW-1 became anxious and started searching for her. He came to know from his wife that Marita had not returned home. PW-1 along with others searched for her till about 7.00 p.m. but they found no trace of Marita.