CAETANO FERNANDES Vs. STATE

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order dated 14th May, 1991 in Sessions Case No. 30 of 1990 whereby the learned Sessions Judge, Margao, has convicted the appellant under section 304 Part I of I.P.C. and sentenced him to undergo 10 years R.I. and to pay a fine of Rs 2,000/ - or in default to undergo plus 1 year of imprisonment.

(2.) THE case of the prosecution is that on 28 -6 -1990 at about 20.00 hours at Orgao, Loutulim, the appellant poured kerosene on his brother Sebastiao and set fire to him as a result whereof Sebastiao sustained burn injuries and came to die two days later on 30 -6 -1990 at Margao Hospicio Hospital. The case of the appellant is of a simple denial who said that his deceased brother used to drink heavily and abuse his family members under drunkenness. He was not doing any work and was not even cooking his food. He would go roaming in the village drunk and then come home. In some occasions he used to come to his house but it is false that on 28 -6 -1990 he had been to his house or that he poured kerosene on him and set fire to him.

(3.) IN order to appreciate this contention of Shri Aras we have gone through the evidence recorded by the prosecution in support of its case. Admittedly there is no direct evidence or evidence of any eye witness present on the site at the time of the alleged incident occurred. Therefore with the help of the learned counsel we have scanned the evidence available which consists of the depositions of several witnesses and the panchanama of recovery of the burnt clothes purportedly belonging to the deceased.