1 IN THE HIGH COURT OF BOMBAY AT GOA CRIMINAL APPEAL NO. 33 OF 2004 S T A T E Through Public Prosecutor, High Court of Bombay at Panaji. ... Appellant versus Smt. Nirmala D'Mello R/o Flat No.S­4, Sunrise Building, Bainguinim­Old Goa, Ilhas, Goa. ... Respondents Mr. S. N. Sardessai, Public Prosecutor for the Appellant. Ms. Shreya Naik, Advocate for the Respondent. CORAM : N. A. BRITTO, J. DATE : 24TH AUGUST, 2005. P.C.:­ For reasons separately recorded, as a result of the above discussion, the Appeal deserves to succeed. The Judgment/Order of the learned J.M.F.C.,Mapusa is hereby set 2 aside and the Accused is convicted under Sections 279, 337 I.P.C. After hearing both the parties, the Accused is directed to pay a fine of Rs.3000/­ under Section 279 I.P.C. and Rs.2000/­ under Section 337 I.P.C. In default to undergo S.I. for one month. In case the fine is realised a sum of Rs.1000/­ each shall be paid to P.W.1, Sriram Dhargalkar and P.W.2, Anjali Dhargalkar respectively. N. A. BRITTO, J. RD.