CARLUS CARDOZ Vs. STATE

JUDGEMENT

(1.) THIS appeal is filed by accused no. 3 Carlus Cardoz in sessions Case No. 11/02 and is directed against Judgment dated 21. 7. 05 of the Learned Additional Sessions Judge, Margao, by which he has been convicted and sentenced under Sections 392/ 397 IPC to undergo RI for seven years and fine of Rs. 2,000/- and in default to undergo three months SI.

(2.) HEARD Shri Arun Bras De Sa, on behalf of the appellant/a-3, Carlus Cardoz and Ms. Coutinho the Learned Public prosecutor on behalf of the respondent.

(3.) A charge sheet was filed against several accused by sanguem Police Station. Some of the accused were discharged and accused nos. 1, 2 and 3 were directed to face trial under Sections 392, 427, 504 r/w 34 IPC. The said order of discharge was challenged before this Court in Criminal Revision Application No. 27/02 and by order dated 20. 6. 03 this Court held that there was sufficient material to proceed against accused nos. 1, 2 and 3 for offences punishable under Section 392 read with 34 IPC and directed the Court of Sessions to frame charges against the accused. The discharge of accused no. 4 justin D'cunha was upheld. Charge was also directed to be framed against A-5 Pascoal Estebeiro under Section 411 IPC.