JOSE PINTO Vs. STATE THROUGH CUNCOLIM POLICE STATION

JUDGEMENT

(1.) THIS appeal is directed against the conviction of the appellant for the offence of murder punishable U/s.302 of the Indian Penal Code, recorded by the learned Additional Session Judge, South Goa, Margao in Sessions Case No.46/2001, and the sentence of imprisonment for life and fine of Rs.5,000/- imposed upon the appellant by the learned Judge.

(2.) FACTS which led to prosecution and conviction of the appellant are indeed tragic. On 09.09.2001, the appellant's younger brother Lourdes Pinto, the victim, went to a local feast wearing appellant's shirt. Infuriated on not being able to wear the shirt for going to feast, the appellant stabbed his younger brother Lourdes Pinto with a knife on the chest leading to death of Lourdes Pinto. The appellant's, as well as victim's father, Santan Pinto was informed of the incident, and on his report, an offence was registered in Police Station, Cuncolim.

(3.) WE have heard Advocate Mr.Sardessai for the appellant and learned Public Prosecutor Ms Winnie Coutinho for the State. There is no dispute that the victim met with homicidal death and, therefore, it is not necessary to refer to the evidence of P.W.3, Lawrenco on inquest, and that of P.W.4 Dr. Pujari, who conducted postmortem examination on the dead body, the report whereof is at Exh.23. It may be, however, useful to mention that the postmortem examination disclosed the following 2 surface wounds, with corresponding internal injuries as described below.