JOSE LUIS MIRANDA Vs. STATE

JUDGEMENT

(1.) Jose Luis Miranda, accused in sessions case No. 19/68 on the file of Additional Sessions Judge at Panjim, has filed this appeal aggrieved by his conviction and sentence for the offence punishable under Section 302, I.P.C. He has been sentenced to imprisonment for life. The case for the prosecution against the appellant is this :-

(2.) Xxx XXX XXX.

(3.) The case of the appellant as is evident from his statement under Section 342, Criminal P.C. is that while he was sitting in the verandah of Constancio Cardozo's house P.W. 9 greeted Constancio Cardozo saying "good-night", that at that time Rosario Fernandes questioned saying "Who is that, is that lamboo ?", that he (appellant) replied to that question saying "Who are you, chamru ?" that on it Rosario Fernandes started abusing him (appellant) and he abused Rosario Fernandes, that the abuses went on for some time, that Rosario Fernandes went to a distance of about 25 metres from the house of Constancio Cardozo halted and asked him (appellant) to come out if he (appellant) was a man, that immediately he (appellant) came out of the house and proceeded towards Rosario Fernandes, that on the way he picked up a bamboo stick and reached a place which was at a distance of about 8 or 10 metres from Rosario Fernandes, that at that time Rosario Fernandes asking his children not to shout came near him (appellant) saying "I am going to show you", that he (appellant) then lifted the stick against Rosario Fernandes, that Rosario Fernandes caught that stick and there was fight, that he and Rosario Fernandes rolled on the ground, that Rosario Fernandes snatched the stick and gave a blow on his (appellant's) head and was about to give another blow, that then he caught the hands of Rosario Fernandes and-snatched the stick from his hand that thereafter Rosario Fernandes took out a knife from his (Rosario's) pocket and gave with it blows on his (appellant's) right shoulder and back, that then he hit on his (Rosario Fernandes') fist and the knife fell down on the ground, that he and Rosario Fernandes struggled to get hold of the knife that he (appellant) succeeded in getting hold of the knife but Rosario Fernandes threw him (appellant) down on the ground and sat on him trying to snatch the knife, that he (Rosario) did not succeed in snatching the knife, that number of blows were given by Rosario Fernandes on his (appellant's) face and chest, that then P.W. 9 approached and caught hold of his (appellant's) legs, that he (appellant.) freed himself from Rosario Fernandes and went away and that while going he took stick M.O. 12 with him. The appellant did not explain as to how Rosario Fernandes received the fatal injury. He added that Rosario Fernandes' family and P.W. 2 are on inimical terms with him.