STATE OF MAHARASHTRA Vs. DIGAMBER AZGAOKAR

JUDGEMENT

(1.) This is State's appeal against the acquittal of the accused under sections 307, 324 r/w 34 I. P. C. , by judgment dated 24-3-2005 of the learned assistant Sessions Judge, Margao.

(2.) The accused were charged and tried with the allegation that on 11-10-2002 at about 23. 15 hours outside D'souza bar at mangor Hill, Vasco-da-Gama, A-1 /digamber assaulted PW8/ Abdul Samir with broken glass bottle on his neck while a-2/nilesh and A-3 / Sanjay assaulted him with kicks and fist blows and thereafter assaulted PW1/ganesh Pillai with a glass bottle on his neck. The prosecution examined 10 witnesses in support of the charge.

(3.) On the other hand, it was the case of A-1/digamber that he was not present at the scene but was on duty as a driver on that day at Verna and he was falsely implicated. The case of A-2/nilesh and A-3/ sanjay was that they were at home and were falsely implicated. A-1 / Digamber examined himself in support of his plea of alibi and also examined his employer namely, DW 1/ baban Parmekar who at the relevant time was running his bus on contract basis for paintair Water India Pvt. Ltd. and whose bus would depart at 11 p. m. from Sada to take workers to Verna Industrial Estate at Verna.