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2023 Supreme(Bom) 2208

B. P. DESHPANDE
Sanjay Gaonkar – Appellant
Versus
State – Respondent


Advocates appeared:
Dhaval D.Zaveri, Advocate, Gaurish Nagvenker, Advocate

JUDGMENT/ORDER

1. The Appellant-Accused challenges the impugned judgment and conviction dtd. 2/6/2017 arising out of Sessions Case No. 20 of 2011, whereby the learned Additional Sessions Judge, Panaji found the Appellant-Accused guilty for the offence punishable under Sec. 307 of IPC and sentenced him to suffer imprisonment for a period of five years and to pay a fine of Rs.20, 000.00.

2. Heard Mr. Dhaval Zaveri, learned Counsel for the Appellant-Accused and Mr. Gaurish Nagvenker, learned Additional Public Prosecutor for the State.

3. With the assistance of the learned Counsel for the respective parties, I have perused the entire record and more particularly, the impugned judgment.

4. The point for determination is as under:

    "Whether the Prosecution succeeded in proving that the accused assaulted the victim with the intention to kill ?"

5. In a nutshell, it is the case of the Prosecution that on 29/12/2010 between 16:00 to 17:00 hours at Zambliche Temb, Pali, Sattari, Goa, the accused assaulted the complainant's daughter, Ms. Shakuntala @ Sakhu with stone and hit on her face causing grievous injuries to her eye, head and thereby attempting to kill her.

6. During the trial, 16 witnesses w

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