LAWS(BOM)-2009-1-175

NILESH NAIK ALIAS MANGUESHKAR Vs. STATE OF GOA

Decided On January 28, 2009
NILESH NAIK ALIAS MANGUESHKAR Appellant
V/S
STATE OF GOA Respondents

JUDGEMENT

(1.) This is an appeal by accused Nos. 1 and 2, who were convicted for the offences punishable under Sections 324, r/w 34 of the Indian Penal Code by the Additional Sessions Judge, Panaji, even though they were charged under Section 307 of the Indian Penal Code. The accused have been sentenced to rigorous imprisonment for two years and fine of Rs. 20,000/-.

(2.) The facts leading to this prosecution are as follows - On 22nd July, 2001, it is alleged that accused No. 3 Sanjeev had stabbed the complainant Antonio. One Rajesh was also along with the accused Sanjeev. At that time the complainant had lodged the report of incident with the police. Upon investigation, the police have filed a charge-sheet against the accused No. 3 Sanjeev and Sessions trial in respect thereof is pending before the Sessions Judge. Since then accused No. 3 has been persisting on the complainant to withdraw the said sessions case. He also used to give threat that if he does not, he will see him. It is further alleged that accused No. 2 frequently used to accost the complainant and give such threats.

(3.) On 16/6/2003, the complainant Antonio along with his friends Neville Baretto and Dinesh Naik had gone to the hotel of one Ulhas. They went there around 9.45 a.m. While they were having tea, it is alleged that a blow was dealt on the head of the complainant and therefore, he turned back to see as to who has assaulted him. He found that it was Kamlesh accused No. 1, who is brother of accused No. 3, who had wooden log (Danda) in his hand. Said Kamlesh dealt four blows on the head of the complainant. Dinesh asked accused as to why the complainant was being assaulted. Accused No. 1 Kamlesh gave him threat and said that it was none of his business and charged at him. Dinesh, therefore, backed out. In the meanwhile, accused No. 2 Nilesh took sword and attacked the complainant. He dealt six blows on the person of the complainant. While the complainant tried to ward off the assault with his hand, he suffered cut injuries on the forehand. Thereafter, it is alleged that accused No. 3 Gabba @ Sanjeev took out a revolver, pointed it at the complainant and threatened him to kill him. The complainant got scared and was about to run and it is Nilesh accused No. 2, who gave blow of sword on his back. Accused No. 3 instigated accused Nos. 1 and 2, to assault the complainant and brake his hand and leg. Accused No. 1 Kamlsh once again dealt a blow of wooden log on the leg while accused No. 2 Nilesh dealt a blow of sword on the leg. Thereafter, all of them went away in Maruti Zen car parked nearby. The owner of the hotel gave some Soda to the complainant and then Dinesh Naik brought the complainant to the Government Medical College and Hospital at Bambolim. The complainant was examined by the Medical Officer. He found injuries with sharp cutting weapons on the person of complainant and issued a Certificate to that effect. The complainant was also referred to Neuro Surgery Department. His blood was collected. It is alleged that on 24/6/293 accused Nos. 1 and 2 surrendered before the court and were remanded to two-days custody. While in police custody, it is alleged that on 25/6/2003, accused No. 1 and 2 both made a statement that they would show the weapons of the offence which they have concealed. Accordingly, memorandum was prepared. The accused led the police and panchas to the place where it is alleged that accused No. 1 Kamlesh discovered the wooden log while accused No. 2 Nilesh discovered the sword. Both were seized by the police. In the meanwhile, the police had drawn panchanama of the place of occurrence from where the pieces of broken glasses stained with blood were seized by the police. The weapons of offence and the pieces of glasses were later forwarded to the Forensic Science Laboratory and upon completion of the investigation, a charge sheet came to be filed before the Magistrate. The learned Magistrate committed the case to the court of Sessions.