STATE OF GUJARAT Vs. KESHAVLAL MAGANBHAI JOGANI

JUDGEMENT

(1.) This appeal by the appellant-State of Gujarat arises out of the judgment and order of acquittal dated 28-3-1983 in Criminal Case No. 4604 of 1982 passed by the learned Chief Judicial Magistrate, Valsad at Navsari acquitting the present respondents (original accused) of the offences punishable under Secs. 332, 342 read with Sec. 109 in the alternative 34 of the Indian Penal Code, hereinafter referred to as 'the Code'. The appeal was admitted after the leave was granted and it was placed for final hearing before this Court.

(2.) The facts of the prosecution case may briefly be stated below : One Mr. Naginbhai Nathubhai Patel (complainant) happened to be the Inspector under the Bombay Money Lenders Act, 1946. One Mr. Sureshchandra Kripashankar Pandya was the District Registrar under the said Act. Mr. Krushnalal Sitaram Shah was working as the Head Clerk in the office of the Registrar, Co-operative Societies at the relevant point of time. On 1 3/10/1982 the complainant accompanied with Mr. S. K. Pandya and Mr. K. S. Shah had gone to the shop of Mr. Keshavlal Maganbhai (accused No. 1) run in the name of 'Chandreshkumar Keshavlal Jogani', near Kanyashala of Navsari around 12 O'clock at noon for making inquiry. Mr. S. K. Pandya served required notice to the accused No. 1 and called upon the said accused to produce books of accounts maintained under the Bombay Money Lenders Act. The accused No. 1 produced the books of accounts which were examined by the said officers. After such examination they had gone to the residential place of accused No. 1 for further inquiry. During the course of such further inquiry, the accused No. 1 was asked to submit objectionable book of account. On that occasion such book of account ultimately going in the hands of the complainant was snatched away by the accused No. 1. After snatching away the book of account, he was about to run away. The complainant prevented him, from running away from the place. At that time the accused No. 1 had handed over the book (note book) to his wife (accused No. 3). During that period the accused No. 1 and his son Chandresh (accused No. 2) had assaulted the complainant and gave two slap blows on the left cheek of the complainant. The accused Nos. 1 and 2 had also caught hold of the complainant by his neck. Upon being released from such scuffle by the other officers, the complainant went to some shop in the market and informed the police for protection. The complainant having received the police protection in the form of two policemen seeing him, the complainant had taken both the policemen at the residential place of accused No. 1 where the other two officers Mr. S. K. Pandya and K. S. Shah were unlawfully restrained and were not allowed to go out of the house. Thereafter the complainant and other two officers in the company of the accused No. 2 went to the police station and filed his complaint.

(3.) The case was investigated at the complaint of complainant Mr. Naginbhai Nathubhai Patel and at the conclusion of the investigation, the aforesaid criminal case was filed before the learned Chief Judicial Magistrate, Valsad at Navsari. After holding the trial and recording the further statements of the accusedpersons and hearing the learned Advocates for the parties, the learned Chief Judicial Magistrate passed the impugned judgment of acquittal. ... ... ... ... ...