MOSES FERNANDES Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appellants/original accused Nos. 1 and 2, have filed the present appeal challenging their conviction for an offence punishable under sections 302, 394 and 449 of the Indian Penal Code and sentenced to suffer imprisonment for life, Rigorous Imprisonment for 5 years and fine of Rs. 5000/-, in default Rigorous Imprisonment for 1 year and Rigorous Imprisonment for 5 years respectively, in Sessions Case No. 43/98, passed by the Additional Sessions Judge at Panaji, by judgment dated 23rd July, 2001.

(2.) THE allegations against the appellants/original accused Nos. 1 and 2 is that on 13th April, 1998, between 8. 00 a. m. to 11. 30 a. m. at Glenvilla, Kharebhat, Chorao, the appellants along with two other accused who are said to be absconding, entered the house of Brazinho Pereira and Celina Pereira, an aged couple, killed Brazinho Pereira by stabbing him and stabbed and strangulated Celina Pereira, ransacked their house and took away gold ornaments, V. C. R. etc.

(3.) THE facts as are necessary for the decision of the appeal are set out hereunder:---In 1998, P. W. 29, P. S. I. Anandu Naik, was attached to the Goa Police Station as a Police Sub-Inspector. On 13th April, 1998, at about 7. 40 p. m. , he received a telephone call from P. W. 22, Jane Sebastina Pereira, who had informed him about the murder of her father-in-law Brazinho Pereira and mother-in-law Celina Pereira. On receipt of the information, P. W. 29, P. S. I. Anandu Naik, immediately rushed to the scene of the offence and reached at about 8. 00 p. m. on entering the house, he noticed two dead bodies in the kitchen in a pool of blood. P. W. 22, Jane Sebastiana Pereira, identified the bodies as that of Brazinho Pereira and Celina Pereira, her in laws. P. W. 29, P. S. I. Anandu Naik, then recorded the complaint of P. W. 22, Jane Sebastiana Pereira, at Exhibit P. W. 22/a. On the basis of the complaint, P. W. 29, P. S. I. Anandu Naik, registered an offence vide Crime No. 14/98 under sections 449, 302, 394 of the Indian Penal Code. After registration of the offence, P. W. 29, P. S. I. Anandu Naik, returned to the scene of the offence and at about 10. 30 p. m. conducted the inquest panchanama of the dead bodies. The inquest panchanama of Brazinho Pereira is at Exhibit 10 and the inquest panchanama of Celina Pereira is at Exhibit 11. The inquest panchanama was conducted in the presence of P. W. 1, Premanand P. Mahambre and another panch. The dead bodies were then referred to the Goa Medical College, Bambolim for post-mortem. The post-mortem on the bodies were performed by P. W. 15, Dr. Silvano Sapeco Dias. The post-mortem report in respect of Brazinho Pereira is at Exhibit P. W. 15/a. The cause of death was due to haemorrhagic shock as a result of cumulative injuries 1 to 6 caused by impact of sharp pointed and cutting penetrating weapon. P. W. 15, Dr. Silvano Sapeco Dias, noticed the following injuries on the dead body of Brazinho Pereira. :---