SHRI SANJAY PANDURANG Vs. STATE, THROUGH PUBLIC PROSECUTOR

JUDGEMENT

(1.) These revision petitions are by the accused who have been convicted and sentenced in C. C. No. 44/S/94 u/s. 326, 324 r/w 34 Indian Penal Code by the learned J.M.F.C., Pernem and whose appeals have been dismissed by the learned Sessions Judge, Panaji, vide Judgment dated 3092005.

(2.) The accused were charged and tried u/s. 326 Indian Penal Code with an allegation that on 2931994 at about 6.00 p.m. at Khutwal, Pernem, the accused in furtherance of the common intention assaulted PW1/Anand Mahadev, PW5/Rama Naik, PW10/Sakaram Naik, PW11/Sitabai Naik, PW12/Vishram Mahale and PW13/Sadanand Naik with dandas and pal koitas thereby causing grievous injuries to PW5/Rama Naik, PW10/Sakaram Naik and PW12/Vishram Mahale and simple injuries to others. In support of the charge, prosecution examined 20 witnesses.

(3.) The case of the accused is that the said PW5/Rama Naik, PW13/Sadanand Naik along with 20 other persons had gone to the house of the accused at about 7 p.m. with pal koitas, choppers and dandas and assaulted the accused, as could be seen from the suggestions put in the crossexamination of some of the prosecution witnesses but according to A1/ Mahadev Arondekar it is they who came to their house and assaulted them and they also broke the tiles of their house and the tube lights and they had lodged a complaint with the Police but the Police did not take any action. It may be noted that no such version can be seen from the complaintExh. PW20/A produced on behalf of the accused through the Investigation Officer PW20/A.S.I. Tikekar.