LexROY FERNANDES versus STATE OF GOA AND ORS.
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(2012] 1 S.C.R. 477 ROY FERNANDES v. STATE OF GOA AND ORS. (Criminal Appeal No. 1108 of 2002) FEBRUARY 1, 2012 [ASOK KUMAR GANGULY AND T.S. THAKUR, JJ.] Penal Code, 1860: ss. 143, 148, 323, 325 and 302 rlw s.149 - Death by stabbing - Victim-deceased, President of A B the 'Chapel and others had gone to the Chapel with tools to C put a fence around the Chapel - 'R' raised objection and called appellant whereafter appellant and other accused ,reached the spot - Appellant gave blow on the face of deceased and as a result the deceased fell down - Accused no.2 took out a knife and gave a stab on the thigh of the D deceased which led to profuse bleeding resulting in his death - Trial court convicted all the five accused ulss. 143, 148, 323, 325 and 302 rlw s. 149 - High Court upheld the conviction of appellant and accused no.2 while setting aside conviction of other three giving them benefit of doubt - On appeal, held: E There was no evidence that the accused persons had come to the place of occurrence with the common object of killing the deceased - They certainly had come to the spot with a view to overawe and prevent the deceased by use of criminal force from putting up the fence - Appellant was totally F unarmed - He merely pushed, slapped and boxed those on tne spot using his bare hands - There was no evidence to show that the appellant had knowledge that in prosecution of common object .of preventing the putting up of the fence, the members of the assembly or any one of them was likely to G commit the murder of the deceased nor he had knowledge that accused no.2 was carrying a knife with him, which he .~uld use - The evidence on the contrary was that after stabbing the deceased, accused no. 2 had put the knife back 477 H 478 SUPREME COURT REPORTS [2012] 1 S.C.R. A in the cover from where he had drawn it - The conduct of the members of the assembly especially the appellant also did not suggest that they intended to go beyond preventing the laying of the fence, leave alone committing a heinous offence of murder of a person who had fallen on the ground with a , B simple blow and who was being escorted away from the spot by his companions - Therefore, the courts below fell in error in convicting the appellant for murder with the aid of s. 149 - However, the conviction of the appellant for offences punishable ulss.143, 148, 323 and 325 r/w s.149 was perfectly c justified. Code of Criminal Procedure, 1973: s. 357 - Compensation to the victim of crime - Power of court to award compensation - Held: The power to award compensation shall be exercised by the Courts having regard to the nature D of the injury or loss suffered by the victim as also the paying capacity of the accused - In the instant case, appellant was found guilty for offences punishable ulss. 143, 148, 323 and 325 r!w s.149 - The incident in question took place as early as in the year 1997 - The appellant faced a prolonged trial E and suffered the trauma of uncertainty arising out of his conviction for murder by the courts below- Besides he had no criminal antecedents or involvement in any case, before or after the incident in question - He is running a hotel in Goa and is earning an amount of Rs. 10-12 lakhs per year - He F is, therefore, directed to deposit a sum of Rs.3, 00, 0001- towards compensation to be paid to the widow of the deceased, a sum of Rs.1,00,0001- and Rs.50,000 to injured victims. · G The prosecution case was that the victim-deceased aged 60 years was the President of a chapel. The Chapel was near the house of one 'R'. On the fateful day, the deceased, his wife PW-1 and PW-4 and her husband PW6 besides few others went to the chapel with tools in order to put a fence around the. chapel. While the pits for cement H ROY FERNANDES v. STATE OF GOA AND ORS. 479 poles required for fencing were being dug in front of the A house of 'R', the daughter of 'R' raised objection and used harsh words against those engaged in digging the pits work. Within minutes, a van arrived on the spot carrying 5 persons including the appellant. The appellant went to Pw-6 and gave him a fist blow on the face. PW-6 started B bleeding. The appellant then gave a blow on the face of the deceased and threw him on the ground. While the deceased was being helped by his companions to stand, accused no.2 took out a knife and gave a stab on the left thigh of the deceased. This led to prof
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