LAWS(BOM)-2006-9-207

STATE OF GOA Vs. FRANCISCO TONY COLACO

Decided On September 18, 2006
STATE OF GOA Appellant
V/S
FRANCISCO TONY COLACO Respondents

JUDGEMENT

(1.) This is State's appeal. Tersely put, by this appeal, the State is seeking enhancement of conviction from section 304 (II) to section 302 I. P. C. and of sentence from seven years R. I. to life imprisonment.

(2.) The accused was charged and tried, inter alia, for murdering his wife, aged 35 years under section 302 I. P. C. The accused was also charged under sections 342 and 504 I. P. C. The learned Sessions Judge, margao, by his judgment dated 28. 7. 2004, has acquitted the accused under sections 504, 302 I. P. C. but convicted and sentenced the accused under sections 304 (ii) and 342 I. P. C.

(3.) The accused and the deceased were both working in MPT (Mormugao Port Trust) and were residing in a one bedroom flat, on the first floor of their house, while the mother of the deceased resided on the ground floor. The accused and the deceased had two children by name Fiona, aged 6, and Favio, aged 4. The prosecution neither alleged nor proved any motive for the crime/ s committed by the accused and if the evidence of the mother of the deceased, Ana flacao/p. W. 8 is any indication, it shows that she told the police that the couple was staying happily and were visiting them with their children very often. Indeed, Ana falcao/p. W. 8, also stated that on 1. 3. 2000, the deceased had visited her at Taleigao, with her two children on account of the birthday of her husband and went back on the next day. Brazinha/p. W. 9, also stated that the deceased was her neighbour for about 5 to 6 years and during the said period, she had not witnessed any incident or a fight or a quarrel between the accused and the deceased. Brazinha/p. W. 9, has confirmed that the relationship between the accused and his wife was normal. In other words, there was nothing abnormal about their relationship.