BIMALBHAI AMRATBHAI THADESAR Vs. CHETAN AMBALAL SHAH

JUDGEMENT

(1.) The present petitioner who is the original complainant before the Police has approached this Court by this revision from the judgment and order of acquittal dated 8-3-1984 passed by the learned Metropolitan Magistrate, Court No. 2, Ahmedabad in Criminal Case No. 1026 of 1983.

(2.) It is the case of the prosecution that on 17-5-1983, the complainant and two prosecution witnesses, viz. Prakash and Sanjay were standing near a Pan Galla situated in front of the Raghukul Society. Prakash asked the accused as to why he had come and the accused told not to talk about him and further told that he was a Dada. According to the prosecution, on the next day, i.e., 18-5-1983 at about 9-15 to 9-30 p.m. when the complainant and the prosecution witnesses, viz. Praksh and Sanjay were standing at the Pan Galla, the accused with two other persons came in an auto-rickshaw. The accused Chetan was armed with a knife and another person was armed with an iron-pipe and the third one was armed with an iron-chain. As per the say of the prosecution, the accused gave a knife-blow on the wrist of the left hand of the complainant and also the accused caused injury with a knife on the shoulders of the prosecution witness Prakash. A chain-blow was given to prosecution witness * against the order of acquittal passed by the Metropolitan Magistrate, Court No. 2, Ahmedabad in Cri. Case No. 1026 of 1983. Sanjay. Many persons collected there and, therefore, the accused and two other persons ran away. The complainant was treated in the Civil Hospital. Thereafter, the Police recorded the complaint. After investigation, charge-sheet against the accused was submitted for the offence under Sec. 324 of I.P.C. The learned Metropolitan Magistrate recorded the plea of the accused wherein the accused pleaded not guilty to the charge. After recording the evidence, the learned Metropolitan Magistrate acquitted the accused.

(3.) Being aggrieved by the said judgment and order of acquittal, the complainant before the Police has approached this Court in revision.