DEXTER FERNANDES Vs. STATE OF GOA

JUDGEMENT

(1.) Heard Mr. Surendra G. Dessai, the learned Senior Advocate with Mr. Anoop Gaonker, the learned Counsel for the appellant, and Mr. Pravin Faldessai, the learned Additional Public Prosecutor for the State.

(2.) This appeal is directed against the judgment and order dated 10.04.2014 made by the learned Additional Sessions Judge-I in Sessions Case No.2/2012 convicting the appellant for offences under Sections 324, 427 and 341 of the Indian Penal Code (IPC). On account of such conviction, the appellant was sentenced in the following terms:

(3.) Having heard the learned Counsel for the parties and on perusal of the evidence on record, and in peculiar facts of this matter, a case is made out to interfere with the conviction under Section 324 of the IPC and to convert such conviction as one under Section 325 of the IPC. This is based on the testimony of PW6-Dr. Neil Barreto and PW7- Dr. Sundara Bhangui. The deposition of these two doctors is sufficient to create a doubt as to whether the injury caused to the victim, in this case, was by a dangerous weapon or not. In such circumstances, it will not be appropriate to convict the appellant under section 324 of the IPC but under section 325 of IPC.