PANAJI
The Fast Track Court-1 has discharged five accused from the charge of attempt to murder in a 2023 assault case at a resort in Anjuna, holding that there is no prima facie evidence to attract Section 307 (attempt to murder) of the IPC.
Additional Sessions Judge (FTC-1) Artikumari Naik has remanded the case to the Judicial Magistrate First Class (JMFC), Mapusa, to proceed with trial for lesser offences against Nyron Dias, Royston Dias, Kashinath alias Kasha Agarwadekar, Joseph Lobo and Salim Khan.
The court detailed each victim’s hurt certificate, emphasising that all injuries were simple in nature, caused by blunt or sharp objects.
"There is no additional evidence prima facie to show how the section 307 of the Indian Penal Code is attracted. Moreover, even the Hurt certificates show simple injuries. But the Investigating Officer in the main charge sheet stated that it is serious injuries but there is no doctor’s report or certificate to depict that the injuries are serious in nature thereby may lead to death of the person," reads the order.
Holding that the ingredients of Section 307 and unlawful assembly provisions were not made out, the court ordered "all accused stand discharged for the offence punishable under Section 307, 143, 147, 148, 149 of the Indian Penal Code, 1860.”
However, the Judge ruled that a trial must proceed for other IPC sections invoked in the case. “Consequently, the matter stands remanded for the offence punishable under section 323 (voluntarily causing hurt), 324 (voluntarily causing hurt by dangerous weapons), 504 (intentional insult to provoke breach of peace) read with 34 (common intention) of the Indian Penal Code, 1860,” the order said.
The accused have been directed to appear before JMFC ‘D’ Court, Mapusa, on December 22.
