MARIANO ROSARIO JOAO DSILVA Vs. STATE OF GOA

JUDGEMENT

(1.) By this appeal, the appellant (hereinafter referred to as the accused ) takes exception to the judgment and order dated 27th April, 2009 passed by the Additional Sessions Judge, South Goa, at Margao in Sessions Case No. 12/2007, whereby the accused has been convicted of the offences, punishable under Section 302 of Indian Penal Code and sentenced to life imprisonment and to pay a fine of Rs.5,000/- and in default, to undergo rigorous imprisonment for a period of two months; and also for the offence punishable under Section 201 of IPC, and sentenced to undergo rigorous imprisonment for a period of five years and to pay a fine of Rs.1,000/-, and in default to undergo rigorous imprisonment for a period of one year. Out of the fine amounts, an amount of Rs.5,000/-, is ordered to be paid to the complainant.

(2.) Briefly, the prosecution case, is as under : The informant Smt. Maria Jane D'Silva is the wife of the deceased Rodney who was the son of the accused. Smt. Sebastiana D'Silva is the mother-in-law of the informant, who was working in gulf. The informant was married to the deceased in the year 2004. The deceased used to drink heavily and assault and harass her under the influence of alcohol. He also used to assault and harass his father. On 7.6.2006, the deceased had returned home at about 6.00 hours. Since his son Jonathan was not well, the informant and the deceased took him to a doctor and when they returned home, the accused and the deceased had a quarrel, in which they assaulted each other. At about 9.00 p.m., after the dinner, the deceased assaulted the informant with a blow on her mouth, on account of which she suffered a bleeding injury. The informant informed the accused about the said assault. After sometime, the deceased went to sleep in his room. At about 10.00 p.m. the accused came to her bedroom and requested the informant to go to his bedroom and sleep there along with Jonathan. At that time, the deceased was fast asleep. When the informant questioned him as to why the accused was asking her to go to the other bedroom, the accused told her that the deceased would harass her and the son. The accused also told the informant that he was going to kill Rodney, so that the deceased would not create problems to them in future. She pleaded with the accused not to kill her husband. After about 15 to 20 minutes, the informant went to her bedroom where she saw the accused assaulting her husband with pickaxe on his chest and head. The deceased was bleeding profusely and on seeing the incident, the informant was shocked. The accused asked the informant not to cry and not to disclose the incident to any one else. The accused also threatened to kill the informant. The informant, therefore, did not disclose the incident to any one. Thereafter, the accused dragged the body of the deceased with a bed sheet behind the house and threw it in a nullah. He also threw some coconut palms, asbestos sheets and waste material and threw the bed sheet in the field. Thereafter, people started making inquiries with the informant about the deceased and the informant told them that the deceased had left for Mumbai. When she told the accused about the said inquiries, the accused asked her to direct those people to him, in future. On 21.6.2007, the accused removed the skull of the deceased from the nullah, washed it and kept in on the shelf, in his bedroom. Thereafter, on the same day, the informant lodged a report against the accused at Vasco Police Station, which was registered under Sections 302 and 201 IPC. Pursuant to the said report, the accused was arrested on the same day, under a panchanama. Investigation was taken up. After completion of the investigation, charge-sheet was filed in the Court of the Judicial Magistrate, First Class, at Vasco-da-Gama under Sections 302, 201 and 506(ii) of IPC. Since the offence punishable under Section 302 IPC was exclusively triable by the Court of Sessions, the case was committed to the Court of Sessions Judge, South Goa, Margao, which was made over to the Additional Sessions Judge.

(3.) Mr. Amonkar, learned Counsel appearing for the accused, in support of the appeal, made the following submissions :