ANTHONY ROSARIO REBELLO Vs. STATE OF GOA

JUDGEMENT

(1.) This appeal is directed against the appellant's conviction by the learned Sessions Judge, South Goa, Margao in Sessions Case No.25/2000 for the offence punishable under sections 302, 392, 201 of the Indian Penal Code and sentence of imprisonment for life and fine of Rs.10,000/-, in default rigorous imprisonment for 3 years; rigorous imprisonment for 5 years and fine of Rs.5000/-, in default, rigorous imprisonment for 2 years and rigorous imprisonment for 3 years and fine of Rs.3000/-, in default rigorous imprisonment for 1 years imposed upon the appellant on three counts.

(2.) The facts which which led to the prosecution and conviction of the appellant are as under: The appellant is the husband of sister of sister-in-law of one Maria Rodrigues. The victims are Maria Rodrigues' mother and daughter. The appellant, alongwith his wife Mrs. Brenda, who was tried as accused no.2 before the Court of Sessions, came to reside with one of the victims, Smt. Ernestina Fernandes, who was residing alone in a flat which belonged to her son Lawrence Fernandes. Lawrence and his wife Andresia were working in Kuwait. The appellant and his wife came to reside at Ernestina's house in April, 1999. At that time the appellant's wife was carrying a pregnancy of seven months and delivered a baby girl two months thereafter. Ernestina looked after the appellant's wife during her confinement. Inspite of this the appellant used to harass Ernestina.

(3.) On 23.10.1999, Ernestina visited her daughter Maria and while going back to her house, took Maria's daughter Lydia with her. On 25.10.1999 when Maria went to her mother's house and found a lock from outside, she went back and rang her mother up without getting any response from her. On 26.10.1999, she again went to her mother's house and found it locked. Since her inquiries did not yield any positive response and since she also gathered that the appellant and his wife were not there, she suspected that the appellant might have killed her mother. Foul smell was also coming from a sump well. Police were informed who called the Fire Brigade and fished out the bodies of Ernestina and Lydia from the sump. On a report filed by Maria, an offence was registered.