SATISH NARAYAN SAWANT Vs. STATE OF GOA

JUDGEMENT

(1.) The present appeal arises out of the judgment and order dated 01.07.2002 passed by the High Court of Bombay at Goa in Criminal Appeal No. 6 of 2000 convicting the accused-appellant under Section 302 of the Indian Penal Code (for short the IPC) and sentencing him to undergo life imprisonment for the offence by setting aside the order of acquittal passed by the trial Court.

(2.) Facts giving rise to the present appeal may be stated first so as to enable us to appreciate the arguments raised by the parties more effectively. On 19.04.1988 between 8.30 p.m. and 8.45 p.m., Satish Narayan Sawant, the appellant (Accused No. 1) along with two other accused persons and also with two delinquent children allegedly formed an unlawful assembly and that in furtherance of the said common object stabbed one Rauji Dulba Sawant, the deceased and also assaulted Baby Dulba Sawant (PW-1, Ashok Dulba Sawant (PW-2, Kunda Rauji Sawant (PW-8) and Laxmi Dulba Sawant (PW-18) who are the sister, brother, wife and mother respectively of the deceased. It is also the case of the prosecution that as a result of the aforesaid stab injuries given to the deceased, he expired on the same day i.e. on 19.04.1988. P.S. Joaquim Dias (PW-21) who was attached to the Ponda Police Station as P.S.I. received a phone call at about 10.45 p.m. from P.S.I. K.K. Desai of the Panaji Police Station that a person named Rauji Dulba Sawant had been brought in police jeep by police constable Jaisingrao Rane and that while he was being taken to the Goa Medical College, he expired. He was informed that the deceased had died as a result of stab injuries received and, therefore, he was to take necessary steps. On receipt of the aforesaid message, PW-21 along with ASI Tabit Mamlekar went to the scene of offence. They reached the scene of offence at about 11.30 p.m. but found the entire place plunged into darkness and with the help of torch light, PW-21 surveyed the scene of offence. During the survey made at the place of occurrence, PW-21 noticed some blood-stains in the front courtyard of the house and a pipe of length of about 1 foot or slightly less lying in the courtyard having blood-stains. Thereafter, PW-21, along with P.I. DSa gave a call to the inmates of the house to open the door and on hearing the call, one lady opened the door. On enquiring from her, PW-21 learnt that her name was Yeshoda who was later on arrayed as Accused No.

(3.) Two juvenile girls named, Sarita and Sharmila, who are the sisters of the appellant were found in the house. In the meantime, PW-1, PW-2 and PW-8 came to the house from whom PW-21 made certain inquiries and brought them along with Accused No. 3 and her two juvenile girls to the Police Station. Not finding the appellant and accused No. 2 in the house, Dy. S.P. Shri Raikar and P.I. Shri Alan OSa were sent in their search. After reaching the police station, a complaint, which is marked as Exhibit PW 1/A was lodged by PW-1, in which it was alleged that PW-1, PW-8, PW-18, the deceased Rauji and his brother Narayan were residing in one house in Banastari and they used to share a common kitchen between them. It was further alleged by PW-1 that two or three days before the Ganesh Festival, deceased Rauji had informed Narayan that he would install statue of Lord Ganesh in the house and accordingly, he had purchased the same. Religious ceremony was performed by installing the statue of Lord Ganesh in the house and while the said religious ceremony was being performed, Accused No. 2 started uttering insults while standing in the kitchen. Accused No. 3 told the appellant not to do anything in the ceremony and insulted the family members of Rauji. PW-1 also alleged that on 19.04.1988 the deceased Rauji returned from his duty at about 6.30 p.m. and thereafter went to purchase some articles. On his return, he went to take bath and after having bath, he went and switched off the light of the room. As soon as the deceased switched off the light, the appellant came from the room and started abusing Rauji. There was a heated exchange of words between Rauji and the appellant switched on the light, which was again switched off by Rauji, the deceased. Thereupon, the appellant went and removed the fuse of the said light. Accused No. 3 had then lit a kerosene lamp and brought the same in the hall. There was already an oil lamp burning which was attached to the ceiling by a brass chain. Meanwhile, Accused No. 3 started abusing PW-1, PW-8, PW-18, and the deceased Rauji. Thereafter, the appellant and the two other alleged accused namely, Accused Nos. 2 and 3 and the two juvenile offenders gathered in the hall to assault Rauji, the deceased, PW-1 and PW-8. According to PW-1, in order to avoid the assault by all of them, they went to "bulcao" (balcony). When they went there, the appellant went to his mothers room and brought a knife with which he stabbed Rauji. At that time all the accused persons were in the balcony. It was also alleged that after the deceased Rauji fell down on the ground, Accused No. 3 kicked him. At that time, the appellant who was holding the knife in his hand, handed over the same to Accused No. 3 by which she assaulted PW-8 but PW-8 caught the knife in her hand which caused injury to her right palm. Thereafter, according to PW-1, Accused No. 3 handed back the knife to the appellant and Accused No. 2 brought the oil lamp which was hung in the room and hit the oil lamp on the head of Rauji, the deceased. It was also alleged that when PW-8 tried to intervene, the other three accused started assaulting her with fists and slaps. At that time, PW-2 came there and questioned the accused persons as to what they were doing, whereupon, the appellant and Accused No. 2 started assaulting PW-2 also. Then, Accused No. 3 told the appellant and Accused No. 2 to finish off Rauji first. PW-8, PW-18 and PW-1 then lifted Rauji and brought him in the courtyard. In the meanwhile, residents of the locality had gathered in the Courtyard and told the accused persons not to assault Rauji. The juvenile offender, Sarita went inside the house and brought out one iron pipe which she handed over to the appellant who then hit the said pipe on the right leg of PW-1 and also gave a blow with the said pipe on Raujis right hand. It was also alleged that the other juvenile offender, Sharmila brought a cement block shaped like an elephant trunk, which she handed over to Accused No. 3 with which Accused No. 3 started assaulting Rauji. PW-1, however, intervened and removed the said piece of cement block from the hand of Accused No. 3 but, Accused No. 3 then picked up one stone and tried to throw it on Rauji by saying that she was going to kill him with that stone. However, PW-1 again intervened and removed the said stone from the hand of Accused No. 3. PW-18 rushed to the rescue of deceased Rauji. The accused then started assaulting her and PW-8 with slaps. In the meantime, police jeep arrived at the scene and on seeing the police jeep, all the accused ran away from the courtyard and went inside. PW-1 and others asked the police to take Rauji to the Hospital whereupon the police took him to the hospital in the police jeep along with PW-1, PW-2 and PW-8. On the basis of complaint made by PW-1, an FIR was registered and the accused came to be arrested. 3. On completion of the investigation, the police submitted the charge-sheet against the accused persons namely the present appellant (Accused No. 1, Accused Nos. 2 and 3 and the two juvenile offenders, namely Sarita and Sharmila.