- (1.) - These two appeals are preferred by the above three appellants who were arrayed as accused Nos. 1 to 3 before the trial Court; in that appeal No. 577 of 1979 is preferred by the appellants 1 and 2 and Appeal No. 578 of 1979 is preferred by the third appellant (third accused). These two appeals arise out of the common judgment in Criminal Appeals Nos. 1 and 2 of 1978 rendered by the Addl. Judicial Commissioner of Goa, Daman and Diu at Panaji whereunder these appellants stand convicted under Section 302 read with Section 34 and S. 342 read with Section 34, I.P.C. and sentenced to undergo imprisonment for life for the conviction under Section 302 read with S. 34, I.P.C. From the judgment, it appears that no separate sentence was awarded for the conviction under Section 342 read with S. 34, I. P. C.
(2.) All these appellants took their trial on the accusation that on 18-2-77 between 5.00 and 8.00 p.m. they in furtherance of their common intention wrongfully confined Orlando D'Souza at Francisco Costa Waddo at Utorda by tying him to an electric pole with .ropes and thereafter started beating, branding and applying pressure to his legs with a danda, iron rod, wooden rib and firewood and caused his death in order to prevent the deceased from spreading of scandalous information concerning the alleged illegitimate intimacy between the first appellant and the second appellant.
(3.) The facts of the case are well set out in extenso both in judgments of the trial Court and the High Court and hence we feel that it is not necessary to reproduce the same except some salient features which will be necessary for the disposal of these two appeals.;