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BOMBAY HIGH COURT AT PANAJI, GOA
P.V. HARDAS. J.
State through Public Prosecutor, panaji - Appellant
Versus
Shri Jainath Pal and others – Respondents
Criminal Appeal No. 66 of 2003
Decided On : 22nd April, 2004
Indian Penal Code - Acquittal - Sections 324, 325, 504, 506 (II) read with Section 34 - Summary of Acts and Sections: The court discussed the evidence and legal provisions related to the offences punishable under Sections 324, 325, 504, and 506 (II) read with Section 34 of the Indian Penal Code. It highlighted the importance of medical evidence, discrepancies in witness testimony, and the prosecution's failure to explain the injuries sustained by the accused.
Fact of the Case:
The State appealed against the acquittal of the respondents/accused for offences punishable under Sections 324 and 325 read with Section 34 of the Indian Penal Code. The case involved an incident where the accused allegedly assaulted the complainants resulting in injuries.
Finding of the Court:
The court found that the evidence of the injured witnesses was not fully corroborated by medical evidence and other witness testimony. It noted discrepancies in the evidence and the prosecution's failure to explain the injuries sustained by the accused. The court also emphasized the importance of scrutinizing the evidence of interested witnesses and ultimately upheld the acquittal by the lower appellate Court.
Issues: The issues revolved around the reliability of witness testimony, corroboration of evidence, and the prosecution's failure to explain the injuries sustained by the accused.
Ratio Decidendi: The court's decision was based on the lack of corroboration of the injured witnesses' testimony, discrepancies in the evidence, and the prosecution's failure to explain the injuries sustained by the accused. It emphasized the need to carefully scrutinize the evidence of interested witnesses and upheld the finding of acquittal by the lower appellate Court.
Final Decision: The appeal against acquittal was dismissed, and the court upheld the finding of acquittal by the lower appellate Court.
By the Court.- The State being aggrieved by the judgment of the IIIrd Assistant Sessions Judge, Margao, dated 27th January, 2003. in criminal appeal No. 53 of 2002. acquitting the respondents/accused for offences punishable under Sections 324 and 325 read with Section 34 of the Indian Penal Code has filed the present appeal challenging the aforesaid judgment.
2. The respondents/accused were tried for offences punishable under Sections 324, 325, 504 and 506 (II) read with Section 34 of the Indian Penal Code before the Judicial Magistrate. First Class, Vasco da Gama. The trial Court, by its judgment, dated 26th September, 2002. in criminal case No. 110/S/2000/C, acquitted the respondents for offences punishable under Sections 504 and 506 (II) read with Section 34 of the Indian Penal Code and convicted the respondents for offences punishable under Sections 324 and 325 read with Section 34 of the Indian Penal Code and sentenced them to simple imprisonment for 3 months and fine of Rs. 500/- with a default sentence of simple imprisonment for 5 days in the event of non-payment of fine and simple imprisonment for 4 months and fine of Rs. 2.000/- with a default sentence of simple imprisonment for 10 days in the event of non-payment of fine respectively. The respondents/accused, being aggrieved by their conviction and sentence carried an appeal to the lower appellate Court and the lower appellate Court by its judgment referred to above allowed the appeal and acquitted the respondents.
3. In order to appreciate and evaluate the submissions made on behalf of the appellant/State a reference to the relevant facts, as emerge from the evidence, is essential.
4. PW 9 Santosh T. Shirodkar was attached to the Vasco Police Station asa constable. On 20th November, 1999, as per the instructions of P.I. Banaulikar, he was asked to give police protection to PW 4 Fatima Bi, as per the order of the Mamlatdar of Mormugao Taluka. He states that from 8.05 am he stood near the house of PW 4 Fatima to provide police protection and the labourers started the work of laying the pipeline. At about 1.00 pm accused Nos. 1 and 4 came near the place where they were standing and inquired about the work of laying the pipeline.-PW 9 P.C. Santosh informed the accused regarding the order for giving police protection. He states that thereafter he went for lunch and at about 2.00 pm. PW 2 Irfan Kazir son of PW 4 Fatima came to the Baina outpost and informed them that they had been assaulted. The injured were sent to the Cottage Hospital Chicalim.
5. PW 13 P.I. Bhanudas Dessai who at the relevant time, was attached to the Vasco Police Station as Police Sub-Inspector on instructions of P.I. Banaulikar, registered an offence, on 20th November, 1999, on the basis of the complaint recorded by PW 11 Maruti Mukdam. The scene of offence panchanama was drawn by PW 11 Mukdam, on 29th November, 1999, and the same is at Exhibit AW 2/A. The complainant, that is, PW 2 Irfan and injured PW 3 Aisha Bi were examined by PW 10 Dr. Prakash Shetye who found that PW 2 Irfan had an abrasion, which looked like a bite mark over the right nipple. He also noticed that there was a loss of anterior tooth and there was an abrasion of 1 x 1 cms, on the bridge of the nose. Accordingly, the certificate issued in respect of the examination of PW 2 lrfan is at Exhibit AW 10/A Colly. PW 10 Dr. Shetye had also examined PW 3 Aisha and noticed a laceration of 5 x 1 x 1 cms. on scalp caused by blunt object. The certificate of PW 3 Aisha is at Exhibit AW 10/A Colly. She was referred for radiological examination to ascertain if she had sustained fracture and accordingly, was examined by PW 8 Dr. Premanand D. Azgaonkar, on 27th November, 1999. PW 8 Dr. Azgaonkar by his report, at Exhibit AW 8/A, opined that the X-ray did not show any fracture. During the course of investigation, the respondents/accused came to be arrested and accused No.4 Rajkeshar was referred for medical examination on 20th November, 1999. H
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