(1.) The State as the appellant is taking exception to the judgment passed by the Sessions Judge, South Goa, Margao pursuant to which the respondents accused were given the benefit of doubt and set at liberty in respect of the commission of the offences under Section 143, 147, 148, 302, 307, 426 and 302 r/w. 149 I.P.C.
(2.) The parties would be referred to as the State and the accused for brevity's sake hereinafter.
(3.) It was the case of the State that sometime on 26/08/2011 between 20.00 to 20.20 hours at Miramar, Goa, all the four accused alongwith the juvenile formed an unlawful assembly armed with deadly weapons such as choppers, iron pipes etc. and assaulted Manjunath Kambli, Salvador @Ghalu and Miss Arifa Khan and caused them grievous injuries. The injured Salvador had succumbed to the injuries on 03/09/2019 while undergoing treatment at the GMC Hospital, Bambolim leading to the registration of the offence also under Section 302 IPC amongst others. It was the case of the State that the injured Manjunath was sitting on a bench with Salvador @ Ghalu and Mario near the Goa Science Centre when they noticed one person walking towards them with his hand behind his back as was concealing some article in his hands. Salvador @ Ghalu had asked him as to what he was hiding and thereupon the said person had run away some distance followed by them and in the meantime the said person had removed the chopper and had loudly said "abhi mat maro abhi mat maro" and in the meantime 4 persons who were hiding nearby had jumped over the fence armed with baseball sticks and choppers.
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