STATE Vs. VINAYAK KARBOTKAR

JUDGEMENT

(1.) This is State Appeal against the Judgment and Order dated 13/12/2010, of acquittal, passed by the Learned Judicial Magistrate, First Class, Mapusa, in Criminal Case No.168/S/2009/F.

(2.) The respondents were the accused persons in the said Criminal Case No.168/S/2009/F and it was the case of the prosecution that on 29/10/2008 at about 15.45 hours both the respondents, in furtherance of their common intention, called the complainant namely, Dharma Bhosle to Tinto Britona by giving him call on his mobile and after the said Dharma reached at the said place, they assaulted him on his head with iron knuckle pad and thus voluntarily caused him injuries. The respondents were charged with the offence punishable under section 324 r/w 34 of Indian Penal Code.

(3.) The respondents pleaded not guilty to the charge and in order to prove its case, the prosecution examined all together 11 witnesses. The case of the respondents was of denial simplicitor.