PATEL BACHUBHAI RAJSHIBHAI Vs. RAVAL HARIVALLABH ISHWARLAL

JUDGEMENT

(1.) This Criminal Appeal is directed against the judgment and order dated March 20, 1985 rendered in Criminal Case No. 214 of 1983, whereby the learned Magistrate, First Class, Harij, acquitted the accused persons, respondent Nos. 1 and 2 herein, for the offences punishable under Secs. 323, 342, 504, 506 and 114 of the Indian Penal Code.

(2.) The complainant, Patel Bachubhai Rajshibhai, lodged a private complaint against the respondent No. 1, who was the Police Sub-Inspector at Harij at the relevant time, and against the respondent No. 2, alleging that on April 16, 1983 the complainant had lodged a complaint about the misconduct of the accused No. 1 while discharging his duty as P.S.I., Sami. When accused No. 1 came to know about this complaint, he along with accused No. 2 came to the residence of complainant at village Lolada at about 7-30 a.m. on April 18, 1983 and gave him filthy abuses and intentionally caused injuries and wrongfully confined him in the Panchayat Office where P.W. 2 and P.W. 3 witnessed the incident. The accused persons having taken the complainant in the Panchayat Office closed the door of the office and accused No. 1 pointed his revolver at the chest of the complainant and asked why he gave a complaint against him in the office of the Collector. It * praying to set aside judgment and order passed by J.M.F.C., Harij in Criminal Case No. 214 of 1983. was then alleged that the accused No. 2 caught hold of the complainant and the accused gave two blows with hockey on his head, as a result of which the complainant became unconscious. It is also alleged that the accused persons threatened the complainant and caused criminal intimidation. On these allegations, the complainant has lodged the complaint for the offences punishable under Secs. 323, 342, 504 and 506(2) and 114 of the Indian Penal Code.

(3.) On the aforesaid facts of the complaint, charge at Exh. 23 was framed to which accused persons pleaded not guilty. In his further statement under Sec. 313 of the Code of Criminal Procedure, 1973, the accused No. 1 has stated that he had gone for investigation in a case against the complainant and therefore, a false complaint is filed against him and that he has committed no offence.