FRANCISCO PAULO SALDANHA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS Appeal by the original accused is directed against the Judgment dated 28th June, 1989 continued on the next day, where by the learned Additional Sessions Judge, Margao, convicted all of them for offences punishable under Section 302 I. P. C. nw. Section 149 I. P. C. , Sections 143, 148 and 323, I. P. C. nw Section 149 I. P. C. , as well as the accused No. 1 for an offence punishable under Section 504 I. P. C. also and sentenced them to Life Imprisonment and to other terms, the sentences having been ordered to run concurrently.

(2.) THE incident which led to the conviction and the consequent sentences on the appellants took place on 26th November, 1987, at about 8. 30 P. M. at Cuelim, Cansaulim and resulted in the death of one Joaquim Falcao and in injuries to his widow Marianinha and to his children Fatima and Benny. It appears that on information received, police proceeded to the site and found there the deceased Joaquim Falcao seriously injured. The investigation revealed that the families of the deceased and of the accused had for some time strained relations, which ultimately, led the deceased to make a complaint to the Village Panchayat Sarpanch, about ten days prior to the incident. Then, on 26th November, 1987, the first appellant Francisco who apparently was angry with the aforesaid complaint, came near the house of the deceased, abused and challenged him to come out. The deceased came out of his house, and at that moment, an assault followed in which not only the first appellant took part, but also the other four appellants who happen to be his sons. It is further the case of the prosecution that the deceased was assaulted by all the five appellants with sticks, sickles, coitas and other sharp instruments and that Marianinha as well as Fatima and Benny, i. e. the widow of the deceased and his children, were also assaulted by them and sustained injuries. As a result of this assault, Joaquim Falcao sustained serious injuries on the head and other parts of the body. He was given almost immediately medical aid by one Dr. Marconi, and thereafter, removed to the Hospicio Hospital where though operated and treated, came to die on November, 1987.

(3.) A charge-sheet was on basis of these facts filed by the police against the appellants for offences punishable under Section 143, 148, 302, 326 and 504, all of I. P. C. nw Section 149 of the same Code. The accused pleaded not guilty, and ultimately, by the impugned Judgment, they were convicted and sentenced as aforesaid.