MARGAO: The Judicial Magistrate First Class, Margao, on Friday, heard arguments before framing of charges in the Velim church attack case. After hearing the advocates and also the assistant public prosecutor Shilpa Nagvenkar, the trial court has fixed the matter for orders on July 14.
Advocates appearing for the alleged accused argued before the trial court that the police had wrongly filed the charge-sheet accusing them of offence under Section 326 of Indian Penal
Code.
Advocate Pritam Morais, appearing on behalf of Fr R Gonsalves and advocate Rajeev Gomes, who represented the other persons, argued before Judicial Magistrate First Class, Saee Prabhudessai, that Section 326 of the Indian Penal Code is attracted only in case grievous hurt is caused to the victim and such hurt is caused by dangerous weapons or means.
They argued that in the present case, the prosecution had relied upon the injury certificate submitted by the hospital and in these hurt certificates, the medical officer had observed that the injuries caused to the victims were simple in nature. They further argued that none of the statements of the victims indicates that any grievous injury has been caused and as such the alleged accused cannot be charged under Section 326 of the Indian Penal
Code.
It may be recalled that the alleged accused had earlier been successful to obtain an order from the trial court dropping serious Section 307 pertaining to attempt to murder and Section 333 pertaining to causing grievous hurt to deter public servant in the discharge of his
duty.
The state had filed the charge-sheet alleging that in the premises of the church on February 22, 2012, the alleged accused along with a mob of around 1500 persons had formed an unlawful assembly and armed with stones and glass bottles had attacked the police
officials.
