DHIRAJLAL SHAMJI Vs. BABUGAR NATHUGAR

JUDGEMENT

(1.) In this revision, under Sec, 401 of the Code of Criminal Procedure, 1973 ('the Code' for short, hereinafter), the petitioner-original complainant has questioned the legality and validity of the order of acquittal, recorded by the learned Judicial Magistrate (First Class), at Bhanvad, in Criminal Case No. 205 of 1981, for the offences punishable under Secs. 447, 323, 404 and 506 of the Indian Penal Code ('IPC' for short).

(2.) A short resume of the factual aspect may. shortly, be narrated, at this stage. According to the prosecution case, in the evening, on 25/07/1981, the complainant and his brother had gone to their field. At that time, the opponent No. 1, who is the original accused, had ploughed the road side of the field. Consequently, they had scolded him, which resulted into enragement on the part of the accused and culminated into offences. In that, it was alleged that the accused abused them and committed criminal tresspass in the field and thereafter, inflicted axe-blow to the complainant, Dhirajlal, on the head. On raising the alarm by the complainant, the accused had fled away from the venue of offence. While running away, the accused had also threatened the complainant to kill him. On the aforesaid facts and allegations, the complainant had lodged a complaint which was investigated into. Ultimately, the accused came to be charge-sheeted, in the trial Court, for the aforesaid offences, to which, he denied and pleaded not guilty.

(3.) On appreciation of the facts and circumstances and the evidence led by the prosecution, the learned trial Magistrate reached to the conclusion that no offence is established against the accused beyond reasonable doubt, and consequently, he was pleased to acquit the accused from the aforesaid charges against him, on 6/11/1982, Hence, this revision, at the instance of the original complainant, under Sec. 401 of the Code.