MENINO PEIXOTE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appellant is the accused in Sessions Case No. 5/93, who has been convicted for an offence of murder of one Caetano Fernandes on 15th November, 1992 and sentenced to undergo life imprisonment.

(2.) IT appears that on 15th November, 1992, at about 20. 10 hours, at Dicarpale, the appellant stabbed the said Caetano with the help of a knife ,when he had been near his house for enrolling the names of illiterates in an Adult Literacy Drive as a result of which Caetano sustained grievous injuries which were the necessary cause of his death.

(3.) THE prosecution case is that on the aforesaid day of 15th November, 1992, at about 7. 30 p. m. the deceased alongwith one Carmino Carvalho, Rumaldo Carvalho and Agnelo Carvalho, had gone to the village of Dicarpale to register the name of the illiterates. At about 8 p. m. they reached near the house of the appellant. On seeing them, the appellant started abusing the group calling them "chor, chor" (thief, thief ). In spite of this provocation the deceased and others did not care for the appellant and proceeded to the house of his brother, wherein the name of the brothers daughter was enrolled by them. While returning from his brothers house the appellant, who was at that time towards the back side of his house near the kitchen, started again calling names to the deceased and others and shouting at them saying "chor, chor". On account of this, it seems, the deceased went near the appellant and asked him as to why he was abusing them by calling them," chor, chor". A scuffle followed and both were involved in a fight, during which the appellant tried to assault the deceased with a danda blow, which the deceased managed to avoid by catching hold of the danda and throwing it out. It appears that during the fight Caetano fell down on the ground, whereupon the appellant sat on his stomach and removed knife which he had on his waist and dealt a blow with it on the left side of the chest of the deceased. Due to this blow, the deceased sustained a bleeding injury and after he was taken home the doctor was called. When the doctor arrived at his residence and examined Caetano, he was declared dead.