NICOLAU ALMEIDA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) These three appeals are directed against a common judgment convicting the appellant under section 302 of the Indian Penal Code and sentencing them to imprisonment for life in Sessions Case No. 15/87. The conviction has been made and sentence awarded by the AddI. Sessions Judge, South Goa, Margao on the charge that on the intervening night of 25/26th March, 1987 between 21.00 and 6.00 hours at Madloband, Velvaddo, Quelossim, the appellants in furtherance of common intention assaulted Sebastia Juliano Almeida with dandas, ribs and rough rubble stones with the intention of causing his death and inflicted on him injuries due to said Sabastiao died on the spot. Kamat, J. -These three appeals are directed against a common judgment convicting the appellant under section 302 of the Indian Penal Code and sentencing them to imprisonment for life in Sessions Case No. 15/87. The conviction has been made and sentence awarded by the AddI. Sessions Judge, South Goa, Margao on the charge that on the intervening night of 25/26th March, 1987 between 21.00 and 6.00 hours at Madloband, Velvaddo, Quelossim, the appellants in furtherance of common intention assaulted Sebastia Juliano Almeida with dandas, ribs and rough rubble stones with the intention of causing his death and inflicted on him injuries due to said Sabastiao died on the spot.

(2.) These three appeal conveniently disposed by a common judgment. Appellant Minguel in Criminal Appeal No. 2/88 was accused No. 1 in that Sessions Case. The appellant in Criminal Appeal No. 1/88 is Francisco who was accused No.2 and in Criminal Appeal No. 28/87 appellant Nicolau was accused No.3. For the sake of convenience we will refer to them as accused Nos. 1, 2 and 3 in this judgment.

(3.) In support of the prosecution case as many as 25 prosecution witnesses have been examined and having regard to the contentions raised presently in these appeals it may not be necessary to refer to many of the prosecution witnesses. It is common ground that the dead body of Sebastiao Julliano Alnieide was found lying alongside the road of Quelossim on - 26th March, 1987 but however it is equally common ground that there are no eye-witnesses to the offence committed on him. The entire prosecution evidence rests on circumstances.