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 Section 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 Al 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.) I am informed across the Bar that the Appeal filed by Al, Joanita Fernandes, in the said Criminal Case is still pending before the learned Ist Additional Sessions Judge, Panaji. I do not know how the parties or for that matter the learned Ist Additional Sessions Judge, Panaji, did not take up the said Appeal filed by All, Joanita Fernandes, along with the Appeals filed by the present applicants A2 to A6.