- (1.) The appellant Caetano Costa, aged 53 years, of Dukorkond, Sanguem, has been convicted by the Additional Sessions Judge at Margao under Ss. 302 and 326 of the Indian Penal Code. The sentences imposed on him under the two charges are of life imprisonment and rigorous imprisonment for 2 years respectively. Both the sentences have been directed to run concurrently. Caetano Costa assails the correctness of his conviction and sentence in the instant appeal.
(2.) Rajaram Gaunkar, a resident of Dukorkoud, owns 18 coconut trees in that village. He had given those trees, according to the prosecution story, to the accused Caetano for the purpose of toddy tapping. The deceased of this case Santana and his mother Ana Severina were putting up in the hut of the accused during the period the latter was tapping the trees of Rajaram. After the trees had been with the accused for about three months Rajaram changed his mind and made them over to the deceased Santana who then set up a new hut and shifted to it along with his mother from the hut of the accused. It is the contention of the prosecution that the accused felt aggrieved over this turn of events and so he once approached Rajaram to oust Santana and replace the trees at his disposal for tapping purposes. However, Rajaram refused to oblige the accused since the behaviour of the latter with him was disappointing. These facts, it is said, constituted the motive which led to the gruesome occurrence, culminating in the death of Santana and grievous injuries to his mother, at about 7-00 P.M. on 10-2-1967 just in front of the newly built hut of Santana.
(3.) What happened on that fateful evening has been described by Ana Severina in her statement at the trial. She affirmed that at about 7 P.M. on the date of occurrence she was sitting outside her house near the fire which she had built up for warming unions to treat Santana of the stomach Santana too was there. The accused reached that place at about dusk time and called out to Santana when the latter's mother re presented to him that Santana was so ill that he was unable even to tap the coconut trees. On further enquiry by Ana Severina bout the purpose of the accused in calling out Santana she was told that the accused wanted to talk to him (Santana). The request of Ana Severina that the accused better have talk with Santana next morning was unceremoniously rejected. Ana Severina then went inside the hut to light the kerosene lamp and to bring it out. While she was still inside the hut and searching for the lantern she heard her son crying, "Mother, I am dead". Ana Severina rushed out of the house and found to her surprise that her son lay on the ground on his back while the accused was sitting over him. She enquired from the accused as to what was doing. These words however excited the accused into opening an assault on her. He struck her four times with a 'Kathi', an instrument meant for tapping coconut trees. One blow chopped off her left thumb and the second landed on her right hand. The third blow was administered on her back and the last on her left forearm. These unexpected development made Ana Severina cry out for help. The accused took to heals. Ana Severina noticed that the intestines of Santana were protruding out of the injury and had collected on the ground. Almost all the residents residing in the 'wada' of occurrence repaired to the scene on hearing the outcries of Ana Severina and on enquiry she told them that Santana and herself had been assaulted by the accused Caetano. To some of the assembled persons the injured Santana himself told on enquiry that he had been assaulted by Caetano. Datta P.W. 7, Babusso P.W. 8, and Rajaram C.W. 1 were persons to whom that statement was made by Santana. Ana Severina requested the assembled persons to somehow save the life of her son. Likewise was the request made to them by Santana himself. As a consequence, Vitu P.W. 2, Datta P.W. 7, Babusso P.W. 8 and one Baburao went to Kaley out-post for reporting the occurrence to the police. From that outpost they proceeded to the railway station Kaley and sent a message to the police station at Curchorem. The police party headed by Sub-Inspector Higino Viegas reached in a jeep the hospital at Curchorem to which place the two injured, Santana and his mother, had been brought at about 2-30 A.M. by two police constables. Santana however breathed his last before he could reach the hospital. It being quite dark at that hour, Higino Viegas, the investigating officer, deferred making of the inquest report until 7-30 A.M. At the latter hour he prepared the inquest report and then recorded the statement of Ana Severina. Earlier, this investigating officer had arrested the accused, from his house in the village at 4 A.M. and he (the accused) had delivered to him the "Kathi" M.O. 1 and the banyan M.O. 2, both blood-stained. The investigating officer had also prepared the panchnama relevant to the scene of offence and had collected from there blood-stained earth and blood-stained grass from two places in front of the hut of the deceased Santana. Thereafter the investigation was done by the Circle Inspector Kalyanrao.;