KUSHALI ANANT SATARKAR Vs. STATE

JUDGEMENT

(1.) IN this revision application the accused in C.C. No.253/S/85 (Accused No.4 has since died) question the correctness of their conviction and sentence, by the learned J.M.F.C., Vasco- da-Gama by his Judgment /Order dated 4.2.1997, as affirmed by the learned Assistant Sessions Judge, Margao, by his Judgment /Order dated 30.8.03, under Sections 341, 326 r/w Section 34 I.P.C. and Section 30 of the Arms Act, 1959.

(2.) THE case of the prosecution, briefly stated, was that on 20.10.1985 at about 00.15 hrs. at Muddi, Cansaulim the said accused in furtherance of their common intention wrongfully restrained the complainant- P.W.1 Jagdeep and his brother P.W.3 Jagdish by putting branches of trees on the rear side of their car and thereafter A.1 Kushali fired shot on the right leg of P.W.3 Jagdish with his 12 bore gun, causing grievous injuries to him. In support of the case of the prosecution, the prosecution had examined 20 witnesses.

(3.) BOTH the Courts below have particularly relied on the evidence of P.W.1 Jagdeep who had filed the F.I.R., P.W.3 Jagdish, the injured in the incident and P.W.19 Sumitra, the wife of the said Jagdeep. Both the Courts below have also discarded the evidence of P.W.7 Lavu Naik and P.W.8 Agnelo who were the neighbours of the accused and, who, as rightly pointed out by the learned Trial Magistrate, were the persons who reached the scene later and exaggerated the case with a view to help the accused who were their neighbours. No reasons have been pointed out, different from those mentioned by the learned Trial Magistrate why the evidence of the said two witnesses namely P.W.7 Lavu and P.W.8 Agnelo should be accepted. In my view both the Courts below rightly placed reliance on the evidence of the said P.W.1 Jagdeep, P.W.3 Jagdish and P.W.19 Sumitra who were occupants of the said car and also rightly discarded the evidence of P.W.7 Lavu and P.W.8 Agnelo. As can be seen from the evidence of the injured P.W.3 Jagdish, they were returning on that night from Majorda Beach Resort via Cansaulim in the car driven by him and while P.W.1 Jagdeep was sitting in the front, P.W.19 Sumitra was sitting at the back. He had stated that on heir way back home they missed the road and as such with a view to turn, they went to a place where there was light on the left side of the road at a distance of about two metres and the next thing they saw was that some people blocking their way by putting branches of trees. He identified all the four accused as the said persons. P.W.3 Jagdish stated that his brother came out and started removing the branches so that they could take the vehicle in reverse in order to go back, but the same persons put more branches and did not allow them to go and at that time he got down to remove the said branches and as P.W.1 Jagdeep was removing the branches he had questioned all the accused as to why they were blocking their way and they gave no answer and he along with his brother again attempted to remove the branches when A.1 Khushali came with a gun close to him and shot at his right foot as a result of which he received injury on his right foot and which injury started bleeding profusely. He also stated that prior to A.1 Khushali shotting at him, all the other accused were saying ' taka mar, taka mar ' (which could also be translated as ' hit him, hit him'). He further stated that his brother Jagdeep helped him to sit in the car and at which point of time P.W.1 Jagdish noticed a car which was coming from Majorda direction proceeding to Vasco- da-Gama and which was about to stop and the accused threatened the inmates of the car with stones and with fear of the accused, the said car went away. He further stated that his brother with the help of his sister- 0in- law put him in the car and brought him to Chowgule Hospital where he was operated and thereafter he was taken to Breach Candy Hospital, Mumbai where he was again operated and treated for about a month.