RAJIV @ RAJU GUPTA Vs. STATE

JUDGEMENT

(1.) All these appeals are directed against Judgment and Order dated 23.09.2015 made by the Additional Sessions Judge, Panaji sitting at Ponda in Sessions Case No. 59/2013 convicting all the appellantsi.e., accused persons of offences under Section 307 of IPC read with Section 34 of IPC. and sentencing them in terms of the operative portion of the Order.

(2.) The case of the prosecution is that the accused persons, on 15.07.2015 at about 03:30hours inside the factory premises of Kundil Alloys Pvt Ltd., Kundaim Industrial Estate, Ponda-Goa with common intention assaulted one Sitasaran Yadav with an iron rod on his head and further assaulted him with dandas, kicks and fist blows and attempted to kill him thereby causing grievous injuries to his head and other parts of his body. The case of the prosecution as unfolded in the course of the evidence laid on record was that the accused persons and the victim were co-workers and the incident took place with some ingots fell to the floor where the accused persons were working and the accused persons felt that the victim Yadav was responsible for the falling of such ingots, which might have hurt the accused persons. The prosecution also tried to make out a case that there were some previous quarrels between the accused persons and the victim.

(3.) The prosecution, in this case, has examined, no less than 17 witnesses including, the victim himself. Besides the victim, the prosecution has examined at least 4 eye-witnesses to the incident. Upon conclusion of the prosecution evidence, the statements of the accused persons under Section 313 CrPC were recorded. Since, no defence evidence was led on behalf of the accused persons. The learned Additional Sessions Judge, upon hearing the arguments has made the impugned judgment and order. Hence, the present appeal.