NATIVIDADE PEREIRA Vs. STATE OF GOA

JUDGEMENT

(1.) BOTH these appeals arise from the Judgment dated 29th June 1996 passed in Sessions Case No. 26 of 1995 by the Sessions Judge at Margoo whereby the appellant in both the appeals were convicted for offences punishable under Section 302 of I. P. C. and sentenced to undergo rigorous imprisonment for life and to pay fine of Rs. 5,000/- each and in default 6 months rigorous imprisonment and further convicted under Section 397 of I. P. C. and sentenced to undergo rigorous imprisonment for a period of 8 years. Both the sentences awarded under the impugned Judgment were ordered to run concurrently. For the sake of brevity the accused No. 1 in the Sessions Case No. 26 of 1995, who is the appellant in Criminal/appeal No. 6 of 1997 is hereinafter referred to as the accused No. 1 and the accused No. 2 in the Sessions Case No. 26 of 1995, who is the appellant in Criminal Appeal No. 27 of 1996 is hereinafter referred to as the accused No. 2. Both the Appeals are heard together and are being disposed of by this common Judgment.

(2.) THE prosecution case in brief is that the accused No. 2 had been staying in the neighbourhood of one Ludovina Crasto since about 4 months prior to the incident and she used to visit the house of the latter and had developed friendly relationship with her. On 24th January 1995 at about 1. 00 p. m. while said Ludivina was at her house alongwith her son Simon and sister-in-law Eugina, the accused No. 2 approached her and she had some talk with her and thereafter Ludovina left the house alongwith the accused No. 2. While going out she informed Simon that she was going out with accused No. 2 in connection with the missing bangles of her sister Serafina, which had been lost on 26th October 1994. While going out Ludovina was wearing two gold bangles, two gold rings, one pair of earrings, one wristwatch, besides apink colour saree, brown colour blouse, chappals and was having a purse. The accused No. 2 and said Ludovina were seen by the niece of the latterby name Samantha near the New Era High School at Margoo at about 2. 00 p. m. on the said day and at that time Ludovina had asked Samantha, her niece, to serve food to her uncle as she was going out. At about 6. 30 p. m. on the same day accused No. 2 alone returned to the house of Ludovina and informed Simon that his mother did not come along with her and had given Rs. 10/- in order to bring salt fish. Meanwhile in the afternoon of the same day one P. K. Rajan, a vegetable contractor for the Navy had feel Ludovina and the accused No. 2 walking on the road in between Zuari Nagar and the Airport at Vasco and on inquiry from Ludovina she had informed him that she had come to offer prayers at a cross at a distance of about 100 metres away. As Ludovina did not return till 9. 00 a. m. on the next day. Simon lodged a missing report with Margoo Police Station. On 26th January 1995 one Pandurang Gawas from Consua informed Atonasio Carvalho, a teacher working in Our Lady of Succor High School and a Member of Panchayat, that a dead body was found lying in the cashew garden at Consua Said Atanasio on verifying the fact lodged a report of the Verna Police Station about the same and Police Inspector of Verna Police Station thereafter visited the site where the dead body was lying and thereupon registered the case and that followed the panchanama of scene of offence, inquest panchanama and further investigation in the matter. According to the prosecution case. the investigation revealed that both the accused in furtherance of common intention took Ludovina to the hillock at Consua on the road side Verna and Zuari and assaulted her with knife and then hit a boulder stone on her head and thereby caused her death and further both the accused stole away gold ornaments from the person of the deceased Ludovina, which were later on recovered on strength of information from the accused Nos. 1 and 2 and consequently both the accused were charged for offences under Section 302 and Section 397 read with Section 34 of I. P. C.

(3.) THE prosecution examined 21 witnesses Including Investigating Officer, Panchas, Dr. Sapeco and others.