CRUZ PEDRO PACHECO Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS appeal by the original accused is directed against the judgment dated 4th November, 1997, passed in Sessions Case No. 41/95 by the Sessions Judge, South Goa, Margao. The learned Judge acquired the accused of the offence punishable under section 506 (II) of the Indian Penal Code, but convicted him of the offence punishable under section 436 of the Indian Penal Code, and sentenced him to suffer rigorous imprisonment for 6 months and to pay a fine of Rs. 20,000/- in default to suffer further simple imprisonment for one year. The learned Judges further directed that fine, if realized, the same shall be paid to P. W. 2 Joaquim by way of compensation. Feeling aggrieved thereby, the accused has preferred this appeal.

(2.) BRIEFLY stated the prosecution case is that the accused and P. W. 2 Joaquim are brothers. P. W. 1 Marcelina is the wife of P. W. 2 Joaquim. According to the prosecution, the relations between the accused and P. W. 2 Joaquim are strained and that the former had on previous occasions given the latter abuses and threats and also assaulted him. However, P. W. 2 Joaquim did not make any complaint against the accused. It appears that on account of strained relations with the accused, P. W. 2 Joaquim and his wife P. W. 1 Marcelina have been residing separately in their own house at Kindlebag, Canacona. The accused, however, resides with his parents in the ancestral house, which is at a distance of about 100 meters from the house of P. W. 2 Joaquim, Adjoining the front portion of the house of P. W. 2 Joaquim, there was a shed, which was thatched with palm leaves. The said shed was being used for keeping certain articles including a scooter.

(3.) THE incident in question took place on 22nd August, 1995. On that day at about 3. 30 p. m. , the accused alongwith P. W. 7 Shrikant Pagui went to the house of P. W. 2 Joaquim. On the request of the accused, P. W. 7 Shrikant Pagui gave a call to P. W. 2 Joaquim. However, P. W. 2 Joaquim did not come out as he was not keeping well. Therefore, his wife, that is, P. W. 1 Marcelina came out of the house. On seeing her, the accused started giving abuses, he also gave a threat that he would set fire to the house of P. W. 2 Joaquim. It appears that after giving abuses and threats, the accused left the place. At about 5. 00 p. m. , the accused again came to the house of P. W. 2 Joaquim and started giving him abuses and threats. At that time one Daniel and P. W. 4 Datta Pagui were present in the house. It is alleged that the accused took out a matchbox and lit a matchstick and set fire to the front shed of the house of P. W. 2 Joaquim. Thereafter the accused stood near the shed with a knife in his hand and threatened to kill if anybody tried to put off the fire. However, P. W. 1 Marcelina with the help of others, tried to put out the fire by pouring water. In the meantime the entire shed was gutted by fire causing damage to the scooter, chairs and other articles kept therein. According to the prosecution, damage amounting to Rs. 20,000/- was caused due to the mischief committed by the accused.