Panaji: The Bombay HC pointed to a “gross error” and “leniency” shown by the trial court in the 2009 Siridao gang war case, where it did not charge Zenito Cardozo with murder despite the chargesheet being filed under IPC Section 302 (murder).
Instead, the trial court framed charges against Cardozo and others under IPC Section 304 (culpable homicide not amounting to murder), convicting him in 2016.Upholding Cardozo’s sentence, the HC observed that it was an “erroneous approach” of the trial court to charge him with culpable homicide not amounting to murder when the chargesheet accused him of being responsible for murder. The court said the trial court’s approach was highly erroneous as two persons were killed in the incident, and the charge ought to have been murder.“The whole approach of the trial judge is highly inappropriate. But since at this stage, the gross error that has been committed is not possible to be rectified…” observed Justice Bharati Dangre.The court added that Zenito’s conviction and three year-jail sentence don’t warrant any interference “as in any case, the appellant has been in fact shown much leniency…”In the 2009 incident, two rival groups attacked each other with glass bottles and knives.
Santosh Kalel from Zuarinagar of the Mirand gang died on the spot, while Johnny Fernandes of Santa Cruz died while undergoing treatment at the GMC.The HC, while upholding the conviction and sentences of Prasad Kubal and Sachin Padgaonkar from the rival gang who attempted to murder Cardozo in the same incident, observed that the trial court was lenient in convicting them only for voluntarily causing grievous hurt and acquitting them of the charge of attempted murder.“…I find that Zenito was mercilessly assaulted, and with the hurt certificate on record, in my opinion, the injuries caused are not by way of right of private defence as these particular appellants have not sustained a single injury,” the HC observed.Senior advocate S D Lotlikar, with Arun Bras De Sa, Mark Valadares and Sahil Sardessai, represented Cardozo. Advocate Rohan Desai, with Arya Parrikar and Ashwini Bandekar, represented Padgaonkar and Kubal, while additional public prosecutor Pravin Faldessai represented the state in all three appeals.