MISS ARLAND RODRIGUES Vs. STATE

JUDGEMENT

(1.) THE Applicants herein are Accused Nos.2 to 6 in Criminal Case No.118/92/D who were tried by the learned Judicial Magistrate, First Class, Mapusa, under Sections 143, 147, 447, 325, 323, 506 r/w 149 of the Indian Penal Code and who have now been convicted and sentenced under Section 323 of the Indian Penal Code by Judgment and Order dated 21st May, 2003, of the said learned Judicial Magistrate, First Class, Mapusa, and which conviction and sentence has been upheld by the learned Ist Additional Sessions Judge, Panaji, by Judgment and Order dated 6th November, 2003. The Applicants challenge the correctness and/or the legality of the said Judgments/Orders in the present revision.

(2.) THE Applicants (A2 to A6) along with A1 were initially acquitted by the learned Judicial Magistrate, First Class, Mapusa, by Judgment dated 19th June, 2000. Thereafter, in Criminal Appeal No.11 of 2001, this Court by Judgment dated 20th February, 2003, set aside the said Judgment and Order of acquittal and directed the learned Judicial Magistrate, First Class, Mapusa to consider the evidence led by the prosecution, at length and in detail and then pass appropriate Judgment.

(3.) IN the alleged incident there were three families involved namely those of the informant/PW1, Evita Fernandes, A1,Joanita and A3, Austin Rodrigues, whose wife is A4, Alba Rodrigues and whose daughters are A2, Arlene Rodrigues, A5, Annabela Rodrigues and A6, Alexandra/Alexia Rodrigues. After the alleged incident and admittedly, P.W.1, Evita Fernandes, went to Mapusa Police Station and from there to Asilo Hospital where she was examined at 10.35 a.m. by P.W.3, Dr. Dorin Noronha, who found on her amongst bruises and abrasions two haematomas one 2 x 2 inches on the right temporal region, and the other 2 x 1 inch on the centre of the scalp. On her return to Mapusa Police Station, her complaint was recorded at about 12.15 hours. A1, Joanita Fernandes, proceeded to Aldona Out-Post where she lodged her complaint which was treated as NC, at about 9.45 hours. The said complaint was lodged by the said A1, Joanita Fernandes, against P.W.1, Evita Fernandes, alleging that P.W.1, Evita Fernandes, had assaulted A1, Joanita Fernandes. Thereafter, A1, Joanita Fernandes, proceeded to Asilo Hospital where she was examined at about 0.20 p.m. and she was found probably by P.W.3, Dr. Dorin Noronha,amongst other injuries a haematoma 2 cms. x 2 cms. On the left occipital region. Apparently, A1, Joanita Fernandes, did not pursue her complaint any further.