BOSCO LOURENCE FERNANDES Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS revision is directed against the judgment of the learned Sessions Judge, Margao, dated 26/05/1993 affirming the conviction imposed on the petitioners by the learned J. M. F. C. , Margao, vide judgment and order dated 15-4-92 whereby they were convicted for offences under Sections 324 and 323 read with Section 34 of I. P. C. , and each of them cumulatively sentenced to undergo six months simple imprisonment and to pay a fine of Rs. 1,500/- or in default to undergo one month simple imprisonment. This judgment was challenged by the petitioners before the learned Sessions Judge in appeal which was partly allowed and the learned Sessions Judge while upholding the petitioners' conviction however modified the sentence in respect of petitioners Nos. 1 and 2 to the extent that the sentence awarded to them was reduced from six months simple imprisonment and fine to the payment of fine only, while the sentence of the petitioner No. 1 was confirmed to toto.

(2.) THE prosecution case was that on 30-3-1992, at about 9. 30 a. m. , there was an incident between Errappa Hanumantappa and the petitioner No. 3 on account of a gold chain during which the said petitioner along with petitioners Nos. 1 and 2 came to assault him. At this time Erappa's brother-in-law Eknath came on his rescue but the petitioners Nos. 1 and 2 caught hold of his hands and petitioner No. 3 stabbed him with a knife on his chest and other parts of his body. Thereupon when Errappa was going to complain to the police petitioner No. 3 assaulted him also by pelting a stone on his head as a result of which he sustained a bleeding injury and fell on the ground unconscious. Both Errappa and Aknath were taken to the Hospicio Hospital where they were given medical treatment.

(3.) THE petitioners denied the charge but the learned Magistrate after recording evidence found them guilty for the aforesaid offences and passed sentence accordingly.