SADIK ALI SON OF MOHAMMAD RAJA Vs. STATE THROUGH POLICE INSPECTOR MARGO TOWN POLICE STATION MARGAO, SALCETE-GOA

JUDGEMENT

(1.) Rule, made returnable forthwith. The learned Additional Public Prosecutor waives service for the respondent nos.1 and 3. None for the respondent no.2. Heard finally by consent of the parties.

(2.) By this petition under Article 227 of the Constitution of India, read with Section 482 of the Code of Criminal Procedure, (Code, for short), the petitioner is seeking quashing of the proceedings in Criminal Case No.216/S/14/III and the consequent judgment of conviction and sentence passed by the Magistrate on 21/08/2015, which has been confirmed by the learned Sessions Judge by judgment and order dated 19/06/2017 in Criminal Appeal No.87/2015.

(3.) The brief facts are that on the basis of a complaint lodged by one Damodar Gaonkar, an offence punishable under Sections 279 and 338 of Indian Penal Code (IPC, for short) was registered against the petitioner. The petitioner was tried in pursuance thereof before the learned Judicial Magistrate, First Class at Margao, in Criminal Case No.216/S/2014/III. The petitioner came to be convicted for the aforesaid offences and was sentenced to undergo Simple Imprisonment for a period of three months for the offence punishable under Section 279 of IPC and further to undergo Simple Imprisonment for a period of six months for the offence punishable under Section 338 of IPC. The said judgment of conviction and sentence has been confirmed by the learned Sessions Judge in appeal.