PUNDALIK BHANDARI Vs. STATE

JUDGEMENT

(1.) HEARD Mr. Pavithran, learned Counsel appearing on behalf of the appellant and Mr. Amonkar, learned Additional Public Prosecutor appearing on behalf of the Respondent.

(2.) THE appellant was the accused in Sessions Case No. 17 of 2011 and has preferred this appeal against the Judgment dated 21/01/2013 and further judgment, Order and Sentence dated 22/01/2013 passed by the learned Additional Sessions Judge, Fast Track Court -I, South Goa, Margao (Trial Court, for short) in the said Sessions Case.

(3.) UPON appreciation of the entire evidence on record, the learned Trial Court held that the prosecution had proved beyond reasonable doubt that the accused assaulted said Damodar Naik (PW11) with a knife on his face and caused him grievous injury and that the accused was carrying with him a loaded pistol without having valid licence. However, the learned Trial Court recorded that in the facts and circumstances of the case, Section 307 of I.P.C. was not applicable and that the offence committed by the accused was covered under Section 326 of I.P.C. The accused was therefore held guilty of the offence punishable under Section 326 of I.P.C. and Sections 3 and 25 of the Arms Act. He was convicted and sentenced for offence under Section 326 of I.P.C. to undergo rigorous imprisonment for a term of four years and to pay compensation of Rs. 50,000/ - (Rupees Fifty Thousand only) to the victim, Damodar Vithoba Naik (PW11) and in default to undergo rigorous imprisonment for further period of six months and for the offence under Sections 3 and 25 of the Arms Act to undergo rigorous imprisonment for one year. Both the substantive sentences have been ordered to run concurrently. The accused is aggrieved by the above Judgment and Order.