STATE OF GOA Vs. DAYANAND VISHRAM GHADI

JUDGEMENT

(1.) Through this appeal the appellant-State of Goa has challenged the judgment and order dated 26.2.2007 passed by learned II Additional Sessions Judge, Panaji in Sessions Case No. 15/2005. By said judgment and order the learned Sessions Judge acquitted the respondents, original accused Nos. 1, 2 and 3 of the offences under Section 302, 323 and 504 read with Section 34 of I.P.C.

(2.) The prosecution case briefly stated is as under:

(3.) Charge came to be framed against all the three accused persons under Section 302 read with Section 34 of I.P.C. for causing the death of Gurudas Ghadi, Section 323 read with Section 34 of I.P.C. for causing hurt to Reshma Ghadi, Nalini Ghadi and Sandeep Ghadi. Charge was also framed under Section 504 read with Section 34 of I.P.C. for intentionally insulting and thereby giving provocation to Gurudas Ghadi. All the accused pleaded not guilty to the said charge and claimed to be tried. The defence is that of denial and false implication. In addition thereto, accused No. 3 has taken the defence of alibi. It is his specific case that on the relevant day, he was working at Dignem mines and his shift was from 2.00 p.m. To 9.00 p.m. Hence, he was not present at the spot when the incident took place. After going through the evidence adduced by the prosecution, the learned Sessions Judge acquitted all the respondents/accused of all the offences charged. Hence this appeal.