SHARADAMMA Vs. REV FATHER DAVID

JUDGEMENT

(1.) This is a revision by the petitioner Sharadamma against the order dated February 14, 1985, passed by the Judicial Magistrate, First Class, Kollegal, in C.C. No. 550/1980 discharging the accused under Section 239 Cr.P.C.

(2.) The petitioner had lodged a complaint on 3-10-79 alleging that the accused persons along with some other people arrived at her house armed with a gun, chappals and broom sticks and asked her where husband was. The complainant told the accused persons that her husband had gone out. A-1 fired the gun at coconut trees and the third round of fire hit the coconuts in the tree by the said of her house and some coconuts fell down. When the coconuts fell down, A-1 is said to have criminally intimated her alleging that he would have dealt her husband in the same fashion as he has dealt with the coconuts had he been present on the spot at that time. So saying he went away. Thereafter she lodged a private complaint and it was referred by the Court to the police under Section 156(3) Cr.P.C. The police after carrying out necessary investigation into the case, lodged a charge sheet against the present respondents-1 and 2 for the offences under Sections 143 and 506 I.P.C.

(3.) The Magistrate after hearing the prosecution and the defence held that such a threat did not come within the ambit or criminal intimidation as defined by Section 503 I.P.C and so he discharged the accused persons. Hence the present revision.