ANAND KALE Vs. THE STATE OF GOA

JUDGEMENT

(1.) The present appeal is directed against the judgment/order passed by the learned Additional Sessions Judge, F.T.C., North Goa, Panaji in Sessions Case No. 44/2011 dated 31.07.2013 by which the accused no.1 is convicted for the offence punishable under Section 326 of Indian Penal Code and sentenced to undergo simple imprisonment for a period of one month and to pay a fine of Rs.10,000/- or in default to undergo simple imprisonment for four months. Hence, the present appeal by the accused no.1.

(2.) The brief facts of the case may be summarised as follows :

(3.) At about 4.30 p.m the appellant/accused and his wife i.e. accused no. 2 came to the farm house when the complainant was cleaning the cashew plantation, at that time Dattatray informed the appellant and his wife that the matter has been reported to the panchayat on which the appellant started abusing Dattatray. It is further alleged that the accused no.2 threw chili powder into the eyes of Dineshwar and accused no.1 assaulted Dattatray with the help of koita and thereby the accused persons with their common intention assaulted Dattatray with intention to commit his murder.