STATE Vs. EMERCIANO LEMOS

JUDGEMENT

(1.) This is an appeal under Section 417 of the Code of Criminal Procedure filed on behalf of the State, praying for the reasons mentioned therein, that the acquittal of the respondent-accused be set aside. The accused in this case was charged with offences under Section 302 and some other sections of the Indian Penal Code. The learned Additional Sessions Judge, Panaji, after considering the prosecution evidence came to the conclusion that the accused was of an unsound state of mind at the time of the commission of the offences charged with and therefore, he directed his acquittal. He also passed an order under Section 471 of the Code of Criminal Procedure in pursuance of which the accused was detained in safe custody. The State felt that this acquittal was not justified and consequently moved this Court in appeal.

(2.) The prosecution case is that the accused and his family and also the brother of the accused and his family were occupying two parts of the common family house. The two brothers were not on talking terms for the last ten or twelve years. Gabriel Lemos was their neighbour and also a distant relation. He was involved in a law suit with the wife of the accused, wherein a prohibitory order was passed against his wife. This order was obtained about four months before the incident on 16th October, 1967, when the accused killed the wife of Gabriel Lemos, and injured others. The accused was employed as a seaman and had returned about 8 days prior to 16th October, 1967.

(3.) In the statement recorded by the learned Additional Sessions Judge under Section 342 of the Criminal Procedure Code, the accused pleaded that he was unaware of what had taken place on 15th or 16th October, 1967. The accused led no defence on his behalf.