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2020 Supreme(Bom) 1312

M.S.SONAK, M.S.JAWALKAR
Jervasio Pereira – Appellant
Versus
State Through Public Prosecutor, High Court of Bombay at Goa – Respondent


Advocates Appeared:
For the Appellant :Galileo Francisco Teles, Advocate.
For the Respondents:M. Amonkar, Additional Public Prosecutor, A. Clovis Da Costa, R. Menezes, N. Fernandes, G. Almeida, Advocates.

JUDGMENT :

M.S. Jawalkar, J.

1. Present appeal is filed by the complainant/victim against the Judgment and Order of acquittal passed by the Sessions Court, South Goa, Margao in Sessions Case No. 10 of 2012 dated 24/02/2016.

2. The case of the prosecution before the learned Sessions Judge was as under :

    On 03/06/2008, the complainant Mr. Jervasio Pereira and his wife Sedwina Pereira were returning home on a motorcycle bearing registration no.GA08D5644. On the way at Utorda, when the appellant reached near the house of the accused no.1, the accused nos.1, 2 and 3 came running in front of the motorcycle with hockey stick, iron rod and knife and stopped the complainant with their common intention pulled him down and all accused assaulted him with iron rod, hockey stick and knife. The wife of the accused was also assaulted with fist blows on her face. The assault was committed on the complainant with an intention to cause his death. The accused also damaged the motorcycle of the complainant. Smt. Sedwina, wife of the complainant had also suffered injuries near left eye. As the offence under Section 307 of IPC is triable exclusively by the Court of Sessions, the case was committed to the Ses

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