JOAO COUTINHO Vs. STATE

JUDGEMENT

(1.) APPELLANT /accu -sed No. 1 stands convicted for an offence punishable under section 302 of the Indian Penal Code and sentenced to undergo Imprisonment for life and a fine of Rs. 500/ -, in default, six months Rigorous Imprisonment and original accused No. 2 was convicted for an offence punishable under section 323 of the Indian Penal Code and sentenced to Rigorous Imprisonment for one year by the sessions Judge, South Goa, Margao, by Judgment dated 13 -4 -2000 in Sessions Case No. 32/1997. The appellant, who is original accused No. 1 has filed the present appeal, challenging his conviction and sentence.

(2.) THE brief facts, necessary for decisions, are set out hereunder: In 1997, P.W. 24. Police Inspector (PI), Abdul Aga was working as officer incharge of Vasco Police Station. On 13 -8 -1997, at about 11.15 p.m., A.S.I. Patil, Duty Officer, came to the resi -dence of P.W. 24. PI Aga and informed him that the duty Hawaldar, one Head Constable Chauhan had received a telephonic message from an unknown person that a fight had taken place near Pai Nursing Home at Vaddem. The Head Constable Chauhan had proceeded to verify the information and had informed the A.S.I. Shri Patil from the Cottage Hospital, Chicalim that the victim of the fight had expired. P.W. 24. PI Aga visited the Chicalim Hospital and found the deceased one Caetan Fernandes alias Nani on the stretcher near the casualty. He deputed two policemen to guard the dead body and proceeded to the scene of offence at Vaddem. He could not draw the panchanama of the scene of offence as it was night and, therefore, posted some guards. He returned to the Vasco Police Station and recorded the First Information Report (FIR) of P.W. 9, Josico Fernandes, brother of the deceased at about 2 a.m. on 14 -8 -1997. Exhibit -29 is the FIR of P.W. 9. P.W. 24, PI Aga then deputed P.W. 5. Police Sub -Inspector (PSI). Nolasco Raposo to apprehend the accused. At about 3.00 a.m. PSI Raposo produced accused No. 1 before P.W. 24. PI Aga. P.W. 24. PI Aga then arrested accused No. 1 under an Arrest Pancha -nama. Exhibit 45, in presence of pancha witness Devidas Salgaonkar. P.W. 12 and another person. Under the said panchanama, a long sleeves white shirt and one loongi, Viz. Mos. 1 and 2 were also attached. The said muddemal property was sealed by obtaining signatures of the panchas and that of accused No. 1. Since accused No. 1 had a fresh cut injury on his thumb, he was sent to Chicalim Hospital. At the hospital, Accused No.  1 was examined by P.W. 21. Dr. Vallabh Nadkarni, the Medical Officer on duty at the cottage hospital. P.W. 21. Dr. Nadkarni found a contused lacerated wound of 3 x 1 cms. Above base of right thumb, caused by sharp object, simple in nature, which was less than 24 hours of duration. In the opinion of P.W. 21. Dr. Nadkarni, the said injury could be caused by base of the blade of the knife, MO. 12.

(3.) ON 20 -8 -1997, P.W. 11, Dr. Pujari received a letter at Exhibit -40 from P.W. 24, PI Aga, requesting P.W. 11 Dr. Pujari to ascertain the blood group of the accused. The blood group of accused No. 1 was ascertained to be -˜B RH positive and the blood group of accused No. 2 was ascertained to be -˜O RH positive P.W. 11, Dr. Pujari received another letter at Exhibit - 41 from P.W. 24, PI Aga, requesting him to examine a knife, which had been seized. P.W. 11, Dr. Pujari had examined the weapon and opined that the knife which had been sent for examination could have caused the external injuries No. 1, 2 and 3 described in the Post -mortem report. The report of examination of the weapon is at Exhibit 42. Exhibit 43 is the out -line diagram of the weapon, i.e. MO. 12.