STATE Vs. PANDURANG GAONKAR

JUDGEMENT

(1.) THIS is a State's appeal and is directed against the acquittal of the accused under Sections 326 and 324, I.P.C. by Judgment dated 23-6-2008 of the learned Additional Sessions Judge, Margao.

(2.) THE accused was charged and tried with the allegation that on 17-4-2005 at about 2.30 p.m. the accused had assaulted Complainant Smt. Roshan Gaonkar with a knife on her abdomen causing her serious injuries and abused her in filthy language. In the trial, prosecution had examined eleven witnesses. THE accused had examined none. THE case of the accused was one of denial simpliciter.

(3.) THE Complainant and injured PW1/Roshan Gaonkar is the wife of the said PW4/Ramdas Gaonkar. THE relations between both the families were strained on account of the dispute in respect of the said house, almost a year prior to the incident. THE accused is a Government servant. THE incident took place on 17-4-2005 at about 2.30 hours. Prosecution examined the said Complainant PW1/Roshan Gaonkar, her husband PW4/Ramdas Gaonkar, their daughters PW5/Ratisha Gaonkar, aged about 17 years, PW6/Radhika Gaonkar, aged about 9 years, PW7/Rohita Ramdas Gaonkar, aged 17 years. PW8/Nilesh Naik was examined as an independent witness. PW4/Ramdas Gaonkar worked for him, and it was stated by him that at about 2.30 p.m. on 17-4-2005 he had gone to the house of PW4/Ramdas Gaonkar to inquire as to why he had not come for work. PW2/Oscar Travasso was the panch witness to the attachment panchanama of the seizure of the knife with which PW1/Roshan Gaonkar was assaulted by the accused. PW3/Umesh Patekar was the panch witness to the scene of offence panchanama. PW9/Dr.Megha Kudchadar was the Medical Officer attached to PHC, Curchorem, and who had examined PW1/Roshan Gaonkar on being brought to her and who had found an injury on the said PW1/Roshan Gaonkar, at the center of the stomach above umblicus. PW10/Dr. Anant Ramani produced the report prepared by Dr. Smita A. Kutty who at the relevant time could not be examined as she had proceeded abroad. PW11/ASI Digambar Padwalkar had investigated the case.