STATE OF GOA Vs. DHIRAJ MURARI WARKAR

JUDGEMENT

(1.) This is an appeal challenging the acquittal of the respondent from the offence punishable under Section 307 of Indian Penal Code, 1860 (IPC, for short).

(2.) The prosecution case shorn of minor details may be stated thus:- That on 30.09.2007, between 7:30 p.m. to 7:45 p.m., in the Gymnasium of the victim at Usagao, Tisk, Ponda, the respondent assaulted the victim, Utkarsh Parsekar on his head with the help of an iron bar with an intention to kill him. According to the prosecution, the victim had borrowed an amount of Rs.12,000/-, which the victim refused to pay and on account of the said dispute, it is claimed that the incident happened. Undisputedly, after the assault, the appellant surrendered himself before P Ponda. .S.

(3.) The matter was investigated in which, the Investigating Officer recorded the statement of the witnesses, effected certain seizures. The victim, Utkarsh was admitted in the Goa Medical College and Hospital (GMC) for medical treatment. The statement of witnesses came to be recorded on 06.03.2008. After completion of the investigation, a charge sheet came to be filed before the learned Judicial Magistrate First Class at Ponda, which was committed to the Court of Sessions and was registered as Sessions Case No. 1/2008 on the file of the learned Sessions Judge at Panaji.