BOSTIAO ALIAS SEBY RODRIGUES Vs. STATE

JUDGEMENT

(1.) THIS Appeal, at the instance of the Appellants/original Accused Nos. 1 to 3, assails the conviction of the Appellants/original Accused for offences punishable under Sections 302, 325 and 452 of the Indian Penal Code and sentence of imprisonment for life and fine of Rs. 3000/-, with default stipulation of Rigorous Imprisonment for 6 months, fine of Rs. 1000/-, with default stipulation of Rigorous Imprisonment for 3 months, and Rigorous Imprisonment for 3 years and fine of Rs. 1000/-, with default stipulation of Rigorous Imprisonment for 3 months, respectively, passed by the learned Sessions Judge, North Goa, Panaji, in Sessions Case No. 3 of 2001, by Judgment rendered on29th April, 2002.

(2.) THE facts in brief as are germane for the decision of this Appeal are set out hereunder :- P. W.10 P. S. I. Uday Parab, who at the relevant time was attached to the Pernem Police Station, received a telephone call on10th September, 2000, at11. 15 p. m. from one Diogo Rodrigues, a Member of the Village Panchayat informing P. W.10. P. S. I. Uday Parab, that one person by name Jose Rodrigues, resident of Sokoilo vaddo, Terekhol and originally a resident of Bombay who was then staying at Terekhol had been seriously injured and was lying in a pool of blood near a house of one Santan Rodrigues at Terekhol. P. W.10, P. S. I. Uday Parab, recorded this information in the station diary and proceeded to the scene of offence along with staff members in a Police jeep. He reached the scene of offence around midnight and found the said Diogo Rodrigues present and waiting near the chapel. THE said Diogo Rodrigues accompanied P. W.10, P. S. I. Uday Parab, from the chapel to the scene of offence. At the scene of offence, P. W.10, P. S. I. Uday Parab, found that the seriously injured person Jose Rodrigues was already dead and it was not possible to shift the dead body during the late hours of the night. Guards were, therefore, placed at the scene of offence where the dead body of the deceased was lying. He could not draw the panchanama of the scene of offence immediately on account of poor visibility and also on account of non-availability of the panch witness. THErefore, on the next day, i. e. on11th September, 2000, the scene of offence panchanama was drawn in the presence of P. W.1, Carridade Bosteao Dias and Diogo Rodrigues. THE scene of offence panchanama is at Exh.9. THE sketch is at Exh.10. From the scene of offence, blood samples were taken and sealed separately. A wooden stick (danda) also came to be attached under the said panchanama. THEreafter, the Inquest Panchanama of the deceased at Exh. 11 in the presence of P. W.1, Carridade Bosteao Dias and Diogo Rodrigues also came to be drawn. An injured, P.W.7, Michael A. Rodrigues, was taken to the Goa Medical College for treatment. THE report of the incident was lodged by P.W.2. , Pratibha Rodrigues, at Exh.16. On the basis of the said report, an offence was registered vide Crime No. 87/2000 under Sections 452, 307, 302 r/w 34 of the Indian Penal Code. THE Appellants/original Accused came to be arrested in the presence of P. W.1. Carridade Bosteao Dias and Diogo Rodrigues and their Arrest Panchanamas are at Exhs. 12, 13 and 14 respectively.

(3.) ACCORDING to him, death was due to the head injury as a result of blunt force impact by hard and blunt object which was necessarily fatal vide Injury Nos. 1 to 3. The Post Mortem Report is at Exh.27. He has opined that Injury Nos. 1, 2 and 3 could be caused by an iron rod (M. O. 13) as also Injury Nos. 10 and 11. In respect of the other injuries, according to him, the same could be caused by a wooden stick (M. O. 12 ).