UBALDO FERNANDES AND ORS. Vs. STATE

JUDGEMENT

(1.) Both these matters can be disposed of by this common judgment.

(2.) There was an incident of assault which occurred on 07.08.2010 at 19:45 hours at Horta, Baradi, Velim, Salcete, Goa in which it was alleged that the appellant in Criminal Appeal No. 34/2013, who is the respondent no. 2 in Criminal Writ Petition No. 37/2015 had assaulted his wife-Agnes Fernandes, by knife causing multiple injuries. It was also alleged that the incident took place at the house of the brother of the complainant-Agnes Fernandes. According to the prosecution one Blacksy Pinto, who happens to be the sister-in-law of the complainant had tried to intervene in the incident, in which she also was allegedly assaulted. The matter went to trial in Sessions Case No. 35/2010, before the Additional Sessions Judge, South Goa, Margao, and by judgment of conviction and sentence dated 16.05.2013/18.05.2013, the learned Sessions Judge found that the offence so far as complainant-Agnes Fernandes is concerned, would fall under Section 326 of I.P.C. and as regards Blacksy Pinto, it would fall under Section 324 of I.P.C. In such circumstances, the appellant-Ubaldo Fernandes came to be sentenced for the offence punishable under Section 324 of I.P.C., for simple imprisonment for a period of three months and to pay fine of Rs.5,000/- and in default to undergo simple imprisonment for one month. As regards the offence under Section 326 of I.P.C., the petitioner is sentenced to undergo rigorous imprisonment for one year and to pay fine of Rs.10,000/- and in default to undergo simple imprisonment for three months. The sentences have been directed to run consecutively. The appellant has challenged the said judgment and order of conviction in Criminal Appeal No. 34/2013.

(3.) It appears that the parties have settled their dispute which has led petitioner/injured to file Criminal Writ Petition No. 37/2015, for compounding the offences punishable under Sections 324 and 326 of I.P.C., by quashing and setting aside the judgment of conviction and sentence dated 16.05.2013/18.05.2013, passed in Sessions Case No. 35/2010.