( 1 ) THE accused in C. C. No. 20/s/2000/a assails the correctness and legality of the conviction/sentence imposed upon him by the learned J. M. F. C. , Bicholim by Judgment/order dated 18-11-2003 and confirmed by the learned Sessions Judge, panaji, by her Judgment/order dated 29-01-2005.

( 2 ) THE case of the prosecution was that on 05-12-1999 at about 14. 45 hours at kodalwada, Sanquelim, the accused abused complainant-PW4/mohandas Savoikar, his cousin brothers PW1/suresh Savoikar and pw2/balkrishna Savoikar with filthy words and threw acid on them causing grievous injuries. A charge-sheet under Sections 326, 324 and 504, I. P. C. was filed against the accused. After charge was framed, the trial was completed in which the prosecution has examined 9 witnesses.

( 3 ) THE learned J. M. F. C. , Bicholim, sentenced the accused under Section 326, i. P. C. to undergo 3 months S. I. and to pay a fine of Rs. 2,500/, in default to undergo 1 month S. I. The accused was sentenced under section 324, I. P. C. to pay a fine of Rs. 1,500/- in default to undergo 1 month S. I. and under section 504, I. P. C. to pay a fine of Rs. 500/- and in default to undergo 10 days S. I. The learned J. M. F. C. also ordered that a sum of rs. 500/- each be paid to PW2/balkrishna savoikar and PW4/mohandas Savoikar and rs. 2,500/- to PW1/suresh Savoikar, in case the fine imposed is recovered.

( 4 ) AT the hearing of this revision, mr. Nitin Sardessai, the learned Counsel appearing on behalf of the accused has submitted that the injuries on PW 1/suresh savoikar, PW2/balkrishna Savoikar and PW4/ mohandas Savoikar were superficial in nature and, therefore, the accused could not have been convicted and sentenced under Section 326, i. P. C. Mr. Sardessai, the learned Counsel has further submitted that the acid container which was allegedly attached from the house of the accused was not sealed and, therefore, the opinion of PW9/the Chemical Analyser that what was attached from the house of the accused was found to be acid would be immaterial. As per Mr. Sardessai, the learned counsel, the prosecution had proved at the most an offence under Section 323, I. P. C.

( 5 ) BOTH the Courts below have accepted the evidence of the said 3 injured witnesses, namely, PW 1/suresh Savoikar, pw2/balkrishna Savoikar and PW4/mohandas savoikar which was corroborated by medical evidence of PW3/dr. Karpe and the medical certificate Exh. PW7/a issued by Dr. Madhu mohan and which certificate, in his absence was produced through PW7/nalini Madkaikar, the medical Record Keeper of the Goa Medical college. Poth the Courts below have placed reliance on the said certificate/exh. PW7/a by placing reliance on the case of Prithichand vs. State of H. P. (AIR 1989 SC 702 ). In exh. PW7/a, Dr. Madhu Mohan had described the injuries on PW 1/suresh Savoikar as grievous in nature. In my view, the mere fact that the acid container attached from the house of the accused was not sealed by the Head constable who had attached the same cannot be considered to be a lapse which would be sufficient to discard the story of the prosecution as stated by the 3 injured witnesses and corroborated by the medical opinion of pw3/ Dr. Karpe.

( 6 ) INDEED, soon after the incident which took place at about 2. 45 p. m. , the said 3 injured witnesses were examined at 3 p. m. at the Cottage Hospital at Sanquelim by PW3/ dr. Karpe with history of acid burns. As per pw3/dr. Karpe, PW 1/suresh Savoikar had burn marks on face, nose, both the eye lids and neck region and the frontal scalp above the eyes as well as on the wrist joint of both the elbows and he was referred to the Goa medical College where, as per the said certificate Exh. PW7/a was admitted for a period of 5 days from 05-12-1999 to 09-12-1999 and was found with 7% of acid burns on the face. PW3/dr. Karpe found that PW2/ balkrishna Savoikar also had burns on the right wrist joint on the interior surface. Likewise, pw3/dr. Karpe found on PW4/mohandas savoikar