STATE Vs. PRAKASH WADAR

JUDGEMENT

(1.) This is State appeal against acquittal.

(2.) Both respondents were the accused persons in Sessions Case No. 16 of 2007. The said case was culmination of a charge sheet filed by Curchorem Police against the accused for offence punishable under Sections 447, 307, 323, 427, 504 read with Section 34 of the Indian Penal Code (I.P.C., for short).

(3.) Case of the prosecution, in short, was that on 10/06/2006 at about 18.30 hours at Guddemol, Sanvordem, Sanguem, Goa, the accused persons in furtherance of their common intention criminally trespassed into the courtyard of Smt. Sapana Desai, armed with wooden danda and bamboo danda and damaged the scooter bearing no. GA-02/E-0740 belonging to her, assaulted her husband namely Ganaba Desai with the said dandas on his head with intention to kill him and thereby causing grievous injuries to him and when Smt. Sapana and her son Gangesh Desai intervened to help Ganaba Desai, they were also assaulted and they sustained simple injuries and the accused also abused them in filthy words as 'chedyechya', etc.