MARGAO
South Goa Additional Judge Vincent D’Silva has rapped the police for the investigations into the attempt to murder case that occurred in Khareband in 2015.
While acquitting the accused persons for want of evidence, Judge Vincent said there is nothing on record nor the witnesses examined by the prosecution have proved that the accused with their common object have formed an unlawful assembly or committed the offence of rioting with a firearm or restrained the complainant and his family members or fired at the complainant to cause death.
“Admittedly, there are no fingerprints found on the said gun. If it is the case of the prosecution that accused no 2, Johnny fired shots from the gun and that it was recovered at the instance of the accused, some fingerprints would have been found. PW4, Girendra on page 11 has admitted that no fingerprint of the accused is found on the country made pistol with magazine,” the Judge said.
The Judge added: “There is also dispute that no investigation was carried out to ascertain the source or procurement of the firearm allegedly attached at the instance of accused no 2. It is, therefore, that the prosecution has failed to prove that the gun was in possession of accused no 4 Javed and/or that accused no 2, Johnny used the gun in firing at the complainant. The prosecution has failed to prove the above offence.”
The Judge observed, “On the contrary, the complainant has clearly stated that he does not remember the persons who had blocked their way nor had seen the gun nor can identify the persons.”
The prosecution case was that on June 1, 2015, at about 22.15 hours near Khareband bridge, Margao, the accused persons formed an unlawful assembly, the common object was to kill the complainant, Avinash Gunjikar and committed the offence of rioting with a firearm, and wrongfully restrained the complainant and his family members, adding that the accused no 4, Javed had firearm without a licence and on the same day, the accused no 2, Johnny fired at said Avinash Gunjikar with the intention and knowledge that he would have caused death, he would have been guilty of murder and therefore, committed the offence.
