The prosecution has examined several witnesses and they were grouped into six groups to speak about the close friendship ii to speak about the circumstances that the accused at the relevant time were moving in the vicinity iii to speak about A 2 after taking dinner and overnight staying iv to speak about the discovery of various incriminating articles as well as the valuable articles v to speak about the death of the deceased namely the medical evidence and vi lastly the investigating officer.
It is alleged that on the intervening night of 3rd and 4th September, 1980 the accused companymitted the murder of Filemena Pareira and Mary Lobo and companymitted robbery by stealing the articles belonging to the deceased persons.
Circumstances relied upon by the trial Court are Both accused were close friends and accused No.
The two respondents were tried for offences punishable under Sections 460, 302, 307 and 397 read with Section 34 of the Indian Penal Code.
The next morning i.e. on 4th September, 1980 the milkman came to the house of the deceased and since he did number get any response he peeped into the house.
It is number in dispute that the two ladies were done to death on that fateful night.
That robbery was companymitted in the house was number in dispute.
According to the prosecution, both the accused decided to companymit the murder with a view to rob the deceased.
After companymitting the murder accused escaped after ransacking the valuable articles like golden ornaments, cameras etc.
Taking advantage of the fact that the deceased Filemena Pareira was very much fond of fish.
The further case is that during the night A 2 facilitated A 1 to enter the house and thereafter both the accused companymitted the murder of these two ladies.
This appeal pursuant to the leave granted by this Court is directed against the judgment of High Court of Bombay acquitting the two respondents.
1 was seen moving in the vicinity vii A 2 facilitated the entry of A 1 and viii Recovery of various incriminating articles including the golden ornaments and other valuables was effected at the instance of the accused.
Everyday accused No.
Now companying at this background we shall examine whether the prosecution has established each circumstance by an independent evidence and whether circumstances so established form a companyplete chain so as to bring home the guilt of the accused without giving room to any other hypothesis and whether the circumstances, if accepted, are companysistent only with their guilt and inconsistent with their innocence.
1 Kistu after his dinner used to go to the house of Johny and used to sleep there.
P.W. 24 was seriously injured and was also treated for her injuries.
It is also further alleged that during the occurrence one of them caused injury to Clera Pareira P.W. 24.
The case rests on the circumstantial evidence.
1 and 2 got their residential houses in the nearby hamlet and they were closed friends.
On the night of 3rd September, 1980 for the dinner, A 2 offered fish to the deceased and stayed there for the night.
The police arrested the accused on 3 10 80 i.e. one month after the occurrence.
The doctor who companyducted the post mortem on the two dead bodies found injuries and opined that they died because of the injuries.
During the trial the accused denied the offence and claimed that they have been falsely implicated.
They raised an alarm.
P.W. 1 who happened to be there gave the report to the police.
The case rested mainly on the circumstantial evidence.
It is alleged that pursuant to the statements the police recovered various articles said to be belonging to the deceased.
By then a fisher woman P.W. 15 also reached the house and they saw that the two ladies were lying in a pool of blood.
P.W. 24 who was the third person in the house also received injuries but she did number implicate anyone of the accused.
On P.W. 24 the doctor who examined found some bleeding injuries.
1 used to go to the house of A 2 ii On 3 9 80 both accused were found in the vicinity of the house of the deceased iii Both accused went to a brook and caught a fish and thereafter went to the house of the deceased to offer fish iv After dinner at the house of the deceased A 2 over night stayed v During the said night the two deceased were hale and hearty vi The accused No.
