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1970 Supreme(Goa) 16
Goa High Court
C. M. RAO
State - Appellant
Versus
Jose Gaspar Noronha - Respondent
Decided On : 07/18/1970
J. Dias, Govt. Pleader, for Appellant; S.V. Joshi, for Respondent.
The prosecution bears the burden of proving beyond a reasonable doubt that the accused committed the crime charged. The defense of insanity is a valid defense, but the accused bears the burden of proving that he or she was insane at the time of the crime.
Headnote:
CRIMINAL APPEAL - SECTION 302, INDIAN PENAL CODE - ACQUITTAL OF RESPONDENT - EVIDENCE - INSANITY - BURDEN OF PROOF - APPRECIATION OF EVIDENCE - FACTUAL ANALYSIS - LEGAL PRINCIPLES.
Fact of the Case:
The respondent was acquitted of the charge of murder under Section 302 of the Indian Penal Code (IPC) by the Additional Sessions Judge. The prosecution alleged that the respondent had hit the deceased, Sebastiao Gama, on the head with a stick, causing his death. The respondent claimed that he was of unsound mind at the time of the incident and therefore not responsible for his actions.
Finding of the Court:
The High Court found that the prosecution had failed to prove beyond a reasonable doubt that the respondent had caused the fatal injury to the deceased. The Court also found that the trial court had erred in holding that the respondent was of unsound mind at the time of the incident.
Issues: 1. Whether the prosecution had proved beyond a reasonable doubt that the respondent had caused the fatal injury to the deceased? 2. Whether the trial court had erred in holding that the respondent was of unsound mind at the time of the incident?
Ratio Decidendi: 1. The Court held that the evidence adduced by the prosecution was unreliable and insufficient to establish that the respondent had caused the fatal injury to the deceased. The Court noted that the only eyewitness, P.W. 4, was on inimical terms with the respondent and that her testimony was contradicted by other evidence. The Court also noted that the medical evidence was inconclusive and that the investigation into the incident was perfunctory. 2. The Court held that the trial court had erred in holding that the respondent was of unsound mind at the time of the incident. The Court noted that the respondent had not specifically contended that he was of unsound mind at that time and that the medical evidence did not support the trial court's finding.
Final Decision: The High Court dismissed the appeal and ordered the respondent to be set at liberty.
2. The case for the prosecution was this :-
The respondent herein Jose Gaspar Noronha is a resident of Cortalim. One Sebastiao Gama was also residing in that village. The house in which Sebastiao Gama was residing is at a distance of about 5 metres from the house of the respondent. On 30th August, 1966 at about 6.30 p. m. or 7.00 p. m. while P. Ws. 2, 5, Sebastiao Gama and Cruz were in the verandah of Sebastiao Gama house the respondent returned from his work. While coming he brought a tender banana tree and threw it in the balcony of Sebastiao Gama's house. Sebastiao Gama picked up that tree and went towards the back of his house in which direction the respondent was going. P. W. 4 whose house is near the houses of Sebastiao Gama and the respondent was then cutting fire-wood near her house. She found the respondent hitting Sebastiao Gama on head with bamboo stick (M. O. 1) soon after Sebastiao Gama threw the banana tree in front of the house of the respondent, picking it up from in front of his (Sebastiao Gama's) house. Sebastiao Gama fell down on the ground as soon as he received the blow with stick on his head and became unconscious. Seeing it P. W. 4 raised cries. On hearing those cries P. Ws. 1, 2, 5 and Cruz went to the place where Sebastiao Gama was lying, knew from P. W. 4 that the respondent had injured with stick on the head of Sebastiao Gama, found Sebastiao Gama unconscious, carried him to his house and put him there. P. Ws. 2 and 5 had seen the respondent standing holding a stick at a distance of about 4 metres from Sebastiao Gama when they had seen Sebastiao Gama lying unconscious on the ground near the back of his house. P. W. 1 went to Cortalim police outpost soon after putting Sebastiao Gama in his house and lodged a complaint there. Police brought P. W. 6, doctor, to the house of Sebastiao Gama by about 7.30 p. m. on the date of the incident. P. W. 6 saw the injured, found swelling on his head and advised to take the injured at once to Margao Hospital. The injured was then taken to Margao Hospital and there he died by 12 O'clock in the night. P. W. 8, investigation officer, at about 1.00 a. m. on 31st August, 1966, came to know that one injured person from Cortalim who was admitted in the hospital at Margao had died. At about 8.30 a. m. on 31st August 1966 while he (P. W. 8) was preparing to go to Margao, H. C. of the Cortalim police outpost came to him (P. W. 8) along with the respondent and reported that the respondent had murdered Sebastiao Gama. P. W. 8 then gave instructions for the detention of the respondent in Vasco police station and went to Cortalim. At Cortalim P. W. 1 complained to him (P. W. 8) about the murder of Sebastiao Gama. He recorded his (P. W. 1's) statement and it is exhibit (P2). After recording Exh. P-2, P. W. 6 went to Margao hospital and found there the dead body of Sebastiao Gama. He held inquest and prepared Exh. P6, panchnama. He handed over the dead body for post-mortem examination and returned to Cortalim. He examined 10 witnesses there and seized M. O. 1, stick, and the banana tree on mother of the respondent producing them. Exh. P4 is the panchnama for the seizure of M. O. 1 and the banana tree. From Cortalim P. W. 8 returned to Vasco Police station and registered the crime. On 7-9-1966 P. W. 8 received post-mortem report. It was revealed in post-mortem examination that the deceased had died due to head injury. P. W. 1 (who is examined in the trial Court as P. W. 3 also) identified the corpse to be of Sebastiao Gama at the time of inquest. P. W. 9 had conducted autopsy on 31-8-1966 on the corpse of Sebastiao Gama at Margao. The respondent was shouting and crying while he was in police
