INACIO MANUEL MIRANDA Vs. STATE OF GOA

JUDGEMENT

(1.) THE appellant/accused was tried by the Sessions Judge, South Goa at Margao on the charge that on 16-12-1993 between 7. 45 p. m. and 8. 30 p. m. the accused committed murder of deceased Lalit Vadivelu by giving him blows of a knife and further threatened to kill his wife viz. , the complainant Smt. Kuku Vadivelu and her two children with the same knife. Having found the prosecution evidence acceptable, the learned Sessions Judge, by his Order dated 31-5-1996 convicted the accused of the offences punishable under section 302 and 506 (Para II) and sentenced him under the first count, to undergo Rigorous Imprisonment for life and to pay a fine of Rs. 10,000/- in default to suffer further rigorous imprisonment for one year and on the second count to suffer rigorous imprisonment for two years with a fine of Rs. 2,000/- in default to suffer rigorous imprisonment for three months. Feeling aggrieved thereby the accused has preferred this appeal.

(2.) THE facts which are relevant for the purpose of this appeal are that the deceased Lalit was the husband of the complainant Kuku (P. W. 11 ). Deceased Lalit was previously employed in the State Bank of India, at Madras. It appears that he was dismissed from service since he committed certain misconduct. Thereafter in June, 1993, Lalit came down to Goa with a view to start a poultry business. Initially he came alone and started living with the accused in the latters house at Gudi, Paroda. In October 1993, Lalit brought his family i. e. wife Kuku (P. W. 11), daughter Sonia (P. W. 12) and son Dinesh. All of them thus started living with the accused in the same house. The house of the accused comprises of a hall only. Therefore, to suit the requirements of the family, a sort of arrangement was made therein by putting some cupboards to separate the portion which was used as a kitchen. It appears that initially the relations between Lalit and the accused were friendly and cordial. That is why Lalit started living with the accused.

(3.) HOWEVER, trouble started after Lalit brought his wife Kuku to Goa. It is alleged that a sort of friendship or intimacy developed between the accused and Kuku. The accused used to praise Kuku in the presence of Lalit. He also used to take her to Bar. Not only that, but he also used to embrace Kuku in the presence of Lalit. This was obviously not liked by Lalit who used to express his resentment by warning Kuku and quarrelling with the accused. It appears that Lalit could not do anything more than this probably because he could not offend the accused under whose obligation he was residing in his house. But at the same time there was a limit for Lalit to tolerate the misbehaviour of the accused with Kuku. Ultimately about a month before the incident, Lalit took a decision to pack up and leave Goa with his wife and children. It appears that this decision was not liked by the accused who had got involved with Kuku and could not probably tolerate the idea of her separation.