CAETAN FIGUEIREDO Vs. STATE OF GOA

JUDGEMENT

(1.) ON 8-8-1994, at 2. 00 p. m. , at Caora, the accused/appellant assaulted Simao Vaz, aged about 78 years, with Kati (chopper) and caused his death and on the same day, at the same time and at the same place, he also assaulted one Livramenta Vaz causing her serious injuries. Case under section 302, I. P. C. as also section 307, I. P. C. came to be registered against the accused/appellant who faced trial vide Sessions Case No. 1 of 1995 in the Court of learned Sessions Judge at Panaji, North Goa, Vide Judgment dated 4th June, 1997, the learned trial Judge convicted the accused/appellant for offence under section 302 I. P. C. . He acquitted him of charge under section 307 I. P. C. , but convicted him of offence under section 326 I. P. C. By way of sentence under section 302 I. P. C. , life imprisonment is awarded with fine of Rs. 500/-, in default, to undergo 6 months R. I. and for offence under section 326 I. P. C. it has been awarded 3 years R. I. and a fine of Rs. 500/-, in default, to undergo 3 months R. I. Both the substantive sentences are ordered to run concurrently.

(2.) IT seems that gradually before the trial Court, case came to be developed on the basis of plea of insanity. However, this is found to be wanting in the statement of the accused under section 313 of Cr. P. C. (pages 94 to 102 of the paper-book ). The plea taken therein by the accused is that of total denial. He has gone to the extent of saying that the case has been simply foisted on him.

(3.) NO doubt, attempt on the part of the defence lawyer to bring the case within section 84 I. P. C. was called for because there was material on record indicating that soon after the incident when the accused was apprehended and before his conviction, the Investigating Officer had taken him to the Goa Medical College. Doctors at Goa Medical College found that opinion of Psychiatrist is required and, therefore, he was referred to the Institute of Psychiatry and Human Behaviour, Goa. Dr. Kunkoliencar had examined him and then issued certificate.