HIGH COURT OF BOMBAY
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(1.) Heard Mr. A. B. D'Sa along with Mr. Sahil Sardessai for the appellant and Mr. M. Amonkar, learned Public Prosecutor for the State.
(2.) This appeal is directed against judgment and order dated 21.11.2014 made by the learned Additional Sessions Judge, South Goa at Margao in Sessions Case No.23 of 2013 convicting and sentencing the appellant to undergo Simple Imprisonment of two years and to pay a fine of Rs. 35,000/- for the offence under Section 326 of the Indian Penal Code (IPC) and to undergo Simple Imprisonment for a period of one month for the offence under Section 336 of IPC.
(3.) The case of the prosecution is that on 06.03.2013 at about 15.30 hrs. at Vargani Netravalim, Sanguem the accused assaulted his brother with spade with an intention to kill him. The blow, missed the head but hit his brother's right thigh as a result of which, the brother, not only received a big cut injury but the thigh bone was broken resulting in grievous injuries. The prosecution also alleged that the accused further threw the spade on his brother's daughter which, however, missed her. On this basis, the prosecution alleged that the accused has committed an offence punishable under Sections 307 and 336 of IPC.;
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