STATE OF GOA Vs. CHANDRA KANT RAMA GAWANDI

JUDGEMENT

(1.) The State has filed the above Criminal Appeal challenging the Judgment and Order dated 22.08.2008, passed by the learned J.M.F.C, Vasco da Gama, by which the Respondent-Accused has been acquitted of the offence punishable under Section 324 of the I.P.C.

(2.) The parties would be referred to as per their status in the Trial Court.

(3.) The case has arisen on account of the incident which took place on 29.03.2007. It is the case of the prosecution that the Complainant, one Anand Gawandi, is residing at Headland Sada along with his family members and brothers, one of whom is the Accused and all of them are staying in one house but in separate rooms. It is the case of the prosecution that on 29.03.2007 at 00.30 hours when the Complainant entered his house, his younger brother Chandrakant, who was standing at the main door of the house, started heated discussions with him in respect of property matters and whilst the discussion was going on, he shouted at the Complainant stating that he will see how the Complainant stays in the house and suddenly started assaulting the Complainant with fist blows and thereafter assaulted with a knife on his left ear causing injury to the ear of the Complainant upon which, the Complainant shouted for help and on hearing the shout, his elder brother Ulhas, who was in his room, came at the spot and tried to rescue the Complainant and asked his younger brother Chandrakant, who is the Accused, as to why he was assaulting him and the said Chandrakant, without answering, pushed the elder brother and assaulted him on the left hand wrist causing injuries. Thereafter, the said Anand went to his room as blood was oozing from his ear on account of the injury, the brother of the Complainant, Ulhas, called the Police on phone, the police arrived and took them initially to the Chicalim Hospital at Vasco for treatment and thereafter to G.M.C., Bambolim. The Police has recorded the complaint for the assault on the Complainant with knife by the Accused Chandrakant and, accordingly charge was framed against the Accused for the offence punishable under Section 324 of the I.P.C..