VISHNU KURTIKAR Vs. STATE OF GOA

JUDGEMENT

(1.) THIS revision is filed by the accused who has been convicted and sentenced under Section 307 r/w 34 I. P. C. by the learned Assistant Sessions judge, Margao, and whose conviction has been confirmed by the learned Sessions judge, Margao, by Judgment dated 8-9-2008.

(2.) THE injured Krishna Kurtikar/pw1 and both the accused are related to one and another and were neighbours. The accused were charged and tried with the allegation that on 5-1-2001 at about 21. 00 hours at Tatodi, Dharbandora, both the accused in furtherance of their common intention assaulted the said Krishna Kurtikar with a bamboo stick and a sword on his head with the intention or knowledge, and under such circumstances that if by that act death was caused, they would have been guilty of murder, thereby committing offences punishable under Section 307 r/w 34 I. P. C.

(3.) THE accused pleaded not guilty and prosecution examined 14 witnesses to support the charge and although their defence as reflected from their statement under Section 313 of the Code was one of bare denial, the fact remains that at one stage, it was even suggested to the said Krishna that it is he who assaulted them.