Bhagwati, J. - (1.) This is an appeal under Section 2 (1) (a) of the Supreme Court (Enlargement of Criminal Appellate Jurisdiction) Act, 1970. The appellants were tried by the Sessions Judge, Panaji for the offence of intentionally causing the death of one Vincent Fernandes (hereinafter referred to as the deceased) on 19th October, 1971 at a place between two villages in Goa, namely, Cananguinim and Nuvem. The learned Sessions Judge Acquitted both the appellants since in his opinion the evidence led on behalf of the prosecution suffered from serious infirmities and did not bring home the offence against the appellants beyond reasonable doubt. The State preferred an appeal against the acquittal of the appellants to the Court of the Judicial Commissioner, Goa. The learned Additional Judicial Commissioner, who heard the appeal, disagreed with the view taken by the learned Sessions Judge reversing the acquittal of the appellants, convicted them of the offence under Section 302 read with Sec. 34 of the Indian Penal Code for intentionally causing the death of the deceased and sentenced each of them to suffer imprisonment for life. The appellants challenge their conviction and sentence in the present appeal.
(2.) The prosecution case against the appellants was that the incident which took place on 19th October, 1971 resulting in the death of the deceased was the culmination of a long standing feud between the deceased and the members of his family on the one side and almost the entire village of Canenguinim on the other. The conflict centered round a plot of land adjoining the property of the Kananguinim Church and though the plot was in the actual possession of the deceased and the members of his family, a claim was made to it on behalf of the Church and the rest of the villagers were supporting the claim of the Church. There were various incidents of violence between the two groups since 1969 and there were complaints and cross-complaints resulting in prosecutions of persons belonging to both groups. This had led to great tension in the village and as a security measure, two constables had been posted in the village as duty guards.
(3.) It appears that on 19th October, 1971 the deceased, who was an old man aged more than 60 years, accompanied by his grandson Xavier, went to the neightbouring village Nuvem to engage labourers for work in his paddy field. He left village Cananguinim at about 2.30 p.m. and after arranging for labourers in village Nuvan, he stated or the return journey along with Xavier. The road from Nuvem to Kananguinim was a mere footpath and it led across a hill covered with dense thorny shrubs and trees. Whilst the deceased and Xavier were passing through the forst on the hill, the appellants came from behind and attacked the deceased. The first appellant had a knife and the second appellant a coita and with these weapons they caused injuries on the neck and other parts of the body of the deceased resulting in his death. The appellants then dragged the dead body from the footpath inside the forest. On seeing this Xavier ran towards the village shouting that his grand-father has been cut. On the way, he met his father Antonio who was returning from his field and on being questioned by Antonio, Xavier told him that Lundo, meaning thereby the first appellant, and Jacki's son, meaning thereby appellant No. 2, had killed his grand-father. Antonio was accompanied by his servant Santana Costa and he sent Xavier home along with Santana Costa and himself rushed to the scene of the offence. After he had gone a little distance, he noticed a black cloth bag lying on the footpath and he also found blood stains and chappals of his father and following drag marks on the grass, which also bore blood stains, he walked down the slope of hill inside the forest and saw the dead body of the deceased lying on the ground with both the appellants gazing at it. On seeing this he shouted "Lundo, why are you killing my father" and also pretended to call for help, on which the appellants ran away. Antonio thereafter proceeded towards the village and on the way he met his sister, mother, daughter of his sister and Xavier who were coming towards the scene of the offence. Antonio took all of them to the place where the dead body was lying and after leaving them to guard the dead body, he came home with Xavier and then after leaving Xavier at home, he proceeded to Quepem for the purpose of lodging the first information report. The first information report was taken down by P. S. I. Benaulikar and he immediately thereafter, started the investigation. On the completion of the investigation the appellants were ultimately charge-sheeted and tried before the learned Sessions Judge. The trial ended in the acquittal of the appellants, but on appeal the acquittal was reversed and the appellants were convicted under Section 302 read with Section 34 and sentenced to suffer life imprisonment. Hence the present appeal.;