ALI MOHIDIN CUNNA Vs. STATE

JUDGEMENT

(1.) This appeal is by Ali Mohidin Cunna, accused in sessions case No. 24 of 1969 on the file of the Additional Sessions Judge at Margao. The learned Additional Sessions Judge tried him for the offences under Sections 302 and 324 Indian Penal Code acquitted him of the offence under Section 324. Indian Penal Code and convicted and sentenced him to imprisonment for life for the offence under Section 302. Indian Penal Code.

(2.) The case against the appellant as is coming to light from the evidence given by the 11 witnesses examined on behalf of the prosecution is as follows :-

(3.) The appellant contended in the trial Court in his statement under Section 342, Criminal P.C. that he had sent P.W. 6 to bring tea, that he (P.W. 6) handed over the tea pot from the door which was open, that as he (appellant) was sick his wife sent P.W. 6 to bring ambulance from the harbour, that as there was delay in the ambulance coming he left his house and saw the ambulance on the way, that he was not in his house when his wife was murdered, that his daughters were playing near his house when he had left his house due to the ambulance not being brought for a long time, that when he returned to his house he found his wife lying dead on a cot, that he lifted the corpse in his arms and he was holding it when Police had come and that he had told P.W. 2 as is found written in Exh. 11 as the Police had threatened him to state in that manner. In the Committal Court he stated that enemy of his family killed his wife, that there was no blood on his hands and feet and that Vishvamber had run away from his (appellant's) house.