CHRISTOPHER PHILIPS CARDOZ Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS appeal arises from the judgment and order dated July 1, 1987 passed by the learned Additional Sessions Judge, Greater Bombay, in Sessions Case No. 494 of 1985 convicting the appellant-accused (hereinafter referred to as the accused) and sentencing him to suffer rigorous imprisonment for life for an offence of murder.

(2.) THE facts disclose that deceased Philips Cardoz had four sons, (i) the accused Christopher, (ii) Justin (P. W. 1) (iii) Anthony and (iv) Francis. Anthony was working in Saudi Arabia and Francis was staying in Yeshwant Nagar behind the Church in Vakola locality. And the deceased was staying in his house along with 2 sons i. e. the accused and prosecution witness Justin in Room No. 2, Anusayabai Chawl, Khandwala Compound, Datta Mandir Road, Vakola, Santacruz (East), Bombay. The said room was divided into three compartments in order to accommodate three families of the deceased, the accused and prosecution witness Justin. The front portion of the room was used by Justin along with members of his family. The middle portion was occupied by the deceased and his wife and the third portion (hereinafter referred to as the rear portion) was occupied by the accused along with the members of his family.

(3.) THE unfortunate incident took place on July 10, 1985 at about 8. 30 p. m. It appears that the members of all the three families had said their evening prayers and were about to take their dinner when the accused had still not come back home. When he came back home at about 8. 30 p. m. he was drunk. Soon after he entered his portion of the room, he started abusing his wife Jenith Cardoz (P. W. 4 ). The deceased who was 75 year old man intervened and scolded him saying that he was not doing any work and was unnecessarily harassing his wife. The accused did not take scolding of his father kindly. He became angry and tried to assault his father. Justin (P. W. 1) who was present in the front portion of the room along with the members of his family intervened and separated the father and the son i. e. the deceased and the accused. He then went back to his room and started taking meals. The deceased, however, continued scolding the accused while sitting on a stool in the portion of the room occupied by the accused. Soon thereafter, Justin heard the cries of the deceased "aaa". Therefore, he rushed inside the room of the accused and noticed that the deceased had fallen in the arms of his daughter-in-law Jenith (P. W. 4), wife of the accused, and there was blood coming out of his body. The accused was also lying on the floor. The backside of the banian of the deceased was bloodstained and there was pool of blood on the floor. Immediately, the other prosecution witnesses, including Jasintha (P. W. 3), wife of Justin, also went there and there was a commotion as these persons started crying. Hearing such noise, Gajanan Mahadik (P. W. 5) and Suhasini Redkar (P. W. 6) from the neighbourhood also rushed there. Refial Cardoz (P. W. 2) who was popularly known as Franky, son of the accused, aged about 17 years, was asked to hire a taxi which was done and injured Philips was taken to Vakola Police Station from where he was accompanied by a Constable and taken to Cooper Hospital where he was declared dead.