SHANTARAM N. PAWAR Vs. STATE OF GOA

JUDGEMENT

(1.) THE appellants herein are accused In Sessions Case No. 4/2000 who were charged and tried, inter alia, under Section 307 read with Section 149 of the I. P. C., and who have been convicted and sentenced under Sections 143, 147, 148, 323, 324, 384, 427, 392 r/w Section 149 of the I.P.C. to different periods of imprisonment and to fines.

(2.) THE appellants in Criminal Appeal No. 1/2004 were accused Nos. 2 and 3 and the appellants in Criminal Appeal No. 3/2004 were accused Nos. 4 to 9 in the said Sessions Case. A. 1 Pramod M. Naik died in the course of the trial.

(3.) AS stated by P.W. 2 H. C. Parab, one Gurudas Mashelkar phoned the Pernem Police Station stating that locals were assaulting the tourists and a police party including P.W. 2 Head Constable Parab and P.W. 12 Ulhas Kalshikar reached the scene. The injured were brought in the police jeep and sent for medical treatment and on return P.W. 3 Babu Baig filed his complaint. P.W. 3 Babu Baig stated in the complaint filed by him that he was shown a photo album of some criminals amongst whom he identified A.I Pramod, A. 4 Abay, A. 6 Pradip and A. 7 Subash. He therefore lodged his complaint against the aforesaid four persons and the driver of the said bus and four others whom he stated he would be in a position to identify for having assaulted them with stones, iron bar, swords, etc. It is this complaint which culminated in the police filing a charge -sheet and ultimately in the said Sessions Case.