Attempt to murder case: Court orders to frame charges against accused

MARGAO: The South Goa Additional District and Session Court, Margao on Thursday ordered to frame charges against Joel Anthony Rodrigues, 24 of Karai, Shiroda, for attempting to commit murder of Joy Antao, of Talpane, Shiroda. 

According to the prosecution, on June 10, 2019 at Camurlim-Loutolim, the accused allegedly stabbed Joy Antao with a broken beer bottle in his stomach under the influence of alcohol and thereby caused grievous injuries to the victim.

Arguing on behalf of the accused, Adv R Shirodkar submitted that the intention and knowledge, which is required for framing charges under Section 307 of Indian Penal Code (IPC), was lacking in the present case. Moreover, the alleged act was committed under the influence of alcohol and not under conscious state of mind and that there was no intention or knowledge to cause death. He prayed that the matter be sent back to the trial court for adjudication under Section 326 of IPC. 

However, public prosecutor Adv D M Korgaonkar told the court that prima facie, there is evidence that the act was done with the intention or knowledge as reflected in the statements.

Sessions Judge Vincent D’Silva observed that in the instant case, the statement of the victim and the other witnesses clearly indicate that the accused, the complainant and others were having party at Loutolim, at which time the accused was found making fun of the injured. This was not liked by victim’s cousin Joe Antao, who objected to the same and questioned the accused and his brother Baban following which heated arguments broke out between them. 

The victim intervened and told his cousin to move aside and at that juncture the accused came towards him with a broken beer glass bottle and stabbed twice on his stomach due to which he sustained severe cut and bleeding injury.

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