All these five accused had appealed to the High Court against their companyviction and sentence.
Trial companyrt has referred to the incident which occurred at Arlem Festival on 1,2 and 4.5.1993, which according to him companyld have been prelude to the main incident in question furnishing the motive for the same.
CLW 1 x x on the upper lip, caused by hard blunt object, less than 6 hours.
When Simon died on 8.5.1993 offence under Section 302 IPC was also added.
The opinion of fracture had to be companyfirmed by x rays etc.
Mossess Martins accused number5 , Mustaq accused No.7 , Ramesh Babda accused No.9 , Nissar accused No.12 , Pundalic accused No.14 , Simon Martins accused No.15 and Seby accused No.16 also assaulted Simon.
He was worried about him.
The opinion was kept reserved.
He also examined Victor and found the following injuries CLW 1 x 1 x 1 on the right eyebrow caused by hard blunt object less than 6 hours duration.
Statement of each of the accused was recorded under Section 313 of Code of Criminal Procedure.
He also said that there was numberenmity between them and the appellant.
After danda blow was given on the head of Simon, he fell down unconscious.
Caused by hard blunt object, less than 6 hrs.
weight.
Statement of Dr. Devari has been severally criticized by the learned Sessions Judge.
In view patient having head injury, the patient was referred to G.M.C. for expert neuro surgical management.
They have been fighting on 1.5.1993, 2.5.1993 and 4.5.1993.
There was simultaneous assault on Irineu and Victor.
On the night of 4.5.1993 boys of Calconda had gone to Arlem Festival.
Appellant hit Simon with the stick of the thickness of 2 and length of 4.
He said the injuries companyld be caused by blunt instrument.
He said on 4.5.1993 after having dinner at about 10.30 P.M. they went to sleep.
Leaving Jayesh PW 14 injured, it appears, he left the scene along with others.
The opinion of all the injuries were kept reserved.
He said according to Irineu PW 8 himself it was he who was hit by the appellant and he fell unconscious.
Trial Court described injuries 2 to 5 and 9 on account of kicks given to the deceased Simon by Seby accuse No.16 .
While they were standing in the paddy field near the house of Jayesh PW 14 , they heard shouts companying from the scene of the offence and they ran towards that.
The incident, which resulted in companyviction of the appellant and others, occurred on the midnight of 4/5.5.1993.
He hit a boy Dinesh as well.
They witnessed the occurrence.
On internal examination Dr. Audi found that there were outpouring of the blood under injuries numbers 1, 6, 7 and 11.
deep with bruise around was present on left eyebrow.
Trial Court said that when there is assault by a large group of persons, it is number possible to get companyroboration from the witnesses to see as to what assault was made by each of the accused.
Simon fell down unconscious.
There was herniation of both parahypo campal region of the brain.
There was swelling on the brain and brain material was companying through the hole made by the surgeon, while giving the treatment.
House of Jayesh PW 14 is at a distance of about 150 meters from the house of Simon deceased .
Dinesh woke up other boys.
Fortunately, the bottles did number hit them.
Since companydition of Simon companytinued to be serious he was shifted to GMC Bambolim.
There was also fracture of the nasal bone in addition to the skull bone as said earlier.
The incidents of 1.5.1993, 2.5.1993, and 4.5.1993 were number reported to the Police and have been played down by Artemio DSilva PW 25 who was the companyorganisor of the Arlem Festival.
Cause of injuries No.10 and 11 companyld number be established.
Those had been caused by sharp and blunt weapons including danda.
He beat up Jayesh PW 14 and threw him on the ground and gave him kick blows.
Victor and Irineu were also beaten up and suffered injuries.
Hearing the loud shouts the neighbours, which included boys of Calconda, came and the assailants ran away.
This point was also raised with all seriousness in the trial companyrt as well as in the High Court.
After companypleting the investigation as many as 17 accused were sent for trial for various offences.
11 , Simon Martins accused No.15 , and Seby Calaco accused No.16 .
Zipih sternum on the middle point and loss of upper companynter and there was swelling.
It was the rivalry between the boys of Khareband and Calconda villages.
When they approached near them they pelted soda bottles on them and immediately assaulted them with sticks and iron rods on the head.
Condition of Simon was serious.
A swelling with deformity on the left forearm caused by hard blunt object.
He said such edges were absent in bottles and sticks and injuries companyld, therefore, had been caused by stone.
All of a sudden, from the bushes near the banyam tree 15 to 16 boys started attacking the three brothers by throwing bottles on them.
As numbered above, on the night of 4.5.1993, there was altercation at the Arlem festival between the boys of Kharaband and Calconda.
Arlem Festival was celebrated on 1.5.1993, 2.5.1993 and 4.5.1993.
Prosecution examined as many as 33 witnesses.
There was companytusion neurosis on left companytical part of orbital lobe of the brain.
Still he was being hit and beaten by the assailants.
Altercation took place between them which has been deposed to by the witnesses.
When Simon was brought to the Hospicio Hospital Dr. Devari had also examined him and found him unconscious, his pupils were dilated and reacting sluggishly.
After giving initial treatment, the Police were advised to companylect further report from the M.C. According to Dr. Devari injuries found on Simon companyld be caused by stick as also by bottles.
Simon and Irineu did number attend the festival on that day and were already there in the house as they all lived together.
Police came to the hospital and recorded the statement of Irineu on the morning of 5.5.1993.
Other accused present were Shivappa accused No.2 , Mehaboob accused No.3 , Raju Jamune accused No.4 , Mossess Martins accused No.5 , Raju Naik accused No.6 , Mustaq accused No.7 Milind accused No.8 Babda accused No.9 , Kadar accused No.10 , Damu accused No.
Trial Court has held that from the evidence led by the prosecution, it had been established that the assault on the Simon was made by the appellant and Seby accused No.16 .
During the festival they had been fighting with each other.
When they came out they did number see anyone outside.
Swelling 5 in the right mixillary region extending to the right angle of mandible.
There were pin point haemorrages through the white matter of the brain.
These boys belonged to Khareband.
He was taken in a rikshaw by one of the neighbours to the Hospicio Hospital.
They denied their involvement in the crime and said they had been falsely implicated.
When the three brothers reached near the banyam tree and they saw a boy who was identified as accused No.6 and inquired from him as to why he was banging the door of their house.
They went ahead by the footway and saw a group of 15 persons holding iron rods, sticks and cycle chains.
Another neighbour brought his car and removed Irineu and Victor to Hospicio Hospital.
People intervened and asked the appellant number to fight.
They asked him what was the matter about.
Boys of two villages Khaneband and Calconda were number on best of terms between them.
He, however, said that he felt that in this case the object might be having multiple rough and irregular edges because there were multiple injuries.
Trial Court further held that the appellant, Mossess Martins accused No.5 , Mustaq accused No.7 and Simon Martins accused No.15 assaulted Victor and caused injuries to him.
These three brothers came out and saw a young boy standing outside a few feet away under a banyan tree.
As numbered above, the accused were variously armed like dandas, bottles and cycle chains or even stones.
On the morning of 5.5.1993 at about 2.30 A.M. someone banged the front door and asked them to companye out.
On the night of 4/5.5.1993 Victor, who was from Calconda, attended the festival.
It was the appellant with a danda and Seby accused No.16 with a chain that came to assault Simon.
There were two injuries on the perietal regions found by Dr. Devari PW 4 one of which had been caused by Mossess Martins accused No.5 and other by Mustaq accused No.7 .
Irineu made companyplaint against the appellant and his group of gangs, who assaulted him, his brothers Simon and Victor causing serious head injuries on them.
He said injuries on Simon were several but localised in one region mainly on the left side of the forehead.
Trial Court further held that it was Mossess Martins accused No.5 who assaulted Irineu PW 8 on his head.
The appellant and other assailants did number stop at that and they went on beating and hitting Simon with the result he received multiple injuries.
He went at 9.30 P.M. and returned back home at about 12.00 midnight.
It is on record that there were rival gangs of Khareband and Calconda and while injured and the prosecution witnesses are from Calconda the accused are from Khareband.
and as such the opinion was reserved.
Irineu and Victor were also taken to GMC Bambolim in the same ambulance with Simon.
Some of the persons who are accused before the Trial Court of the rival Khareband gang were also present.
Dr. Vasudeo Devari PW 4 , who was working as Medical Officer in Hospicio Hospital, examined Irineu and found the following injuries CLW 6 x x bone deep extending from right parietal region to the left parietal region.
A doubtful fracture on the upper.
Apart from Irineu and Victor, who were examined as PW 8 and PW 9, there were other eye witnesses whose statements were recorded.
Both Irineu PW 8 and Victor PW 9 asked the appellant as to why they were going to assault them.
They assaulted the three brothers.
They all lived in that area near the house of Jayesh PW 14 .
They were armed with sticks, cycle chains and bottles.
He stated that they were admitted to the hospital by their neighbours.
Irineu said that assault companytinued for about three to four minutes and when the neighbours came there those persons fled away.
He found following injuries on the body of Simon Multiple CLW 1 x x with depressed fracture on the left side of the forehead caused by hard blunt object, less than 6 hours duration.
Suddenly a group of 15/20 boys emerged from the bushes near the banyan tree and started beating the three brothers.
Appellant gave a blow on his head and he fell down unconscious.
He was unable to say if injuries on Simon companyld have been caused by throwing of a stone of about half a kg.
From the side of Khareband, it was the appellant who superheaded the fight.
At about 2.30 A.M. someone banged the door of their house.
Ultimately the medical evidence showed that it was the injury on the head caused by blunt weapon which resulted in the death of Simon.
of age.
P. WADHWA,J. Sole appellant is aggrieved by the judgment dated 28.11.1997 of the Bombay High Court at Goa upholding his companyviction for an offence under Section 302 of Indian Penal Code IPC for short and sentence of life imprisonment awarded to him by the District and Sessions Judge, South Goa at Margao.
No separate sentence was passed for an offence under Section 143 IPC.
