LAWS(BOM)-2020-9-130

STATE OF MAHARASHTRA Vs. GAVADU GANESH HAJAGOLKAR

Decided On September 21, 2020
STATE OF MAHARASHTRA Appellant
V/S
Gavadu Ganesh Hajagolkar Respondents

JUDGEMENT

(1.) This is an appeal impugning an order and judgment dated 6th August 2004 passed by Judicial Magistrate First Class, Chandgad, acquitting respondents (accused) of offences punishable under Section 353 (Assault or criminal force to deter public servant from discharge of his duty ), Section 506 (Punishment for criminal intimidation ) read with Section 34 of the Indian Penal Code (IPC).

(2.) Heard Mrs. Malhotra, for State in support of the appeal. None present for respondents. Considered the impugned judgment and notes of evidence with the assistance of Mrs. Malhotra.

(3.) It is the case of the prosecution that on 22 nd September 2002 at about 8.45 a.m., while the complainant, PW-1 - Shivaji Talasu Gawde, was traveling in ST Bus proceeding from Chandgad to Belgaum, in between village Bandrai Dhangarwara to Nagargaon, both the accused entered the bus and used criminal force against the complainant, a public servant, who works as a forest labourer, while he was discharging his official duty and thereby, committed an offence under Section 353 of IPC and also threatened him with intention to cause harm thereby committing an offence under Section 506 of IPC. 10-12 passengers were present in the said bus at the time of the incident. Thereafter, the said complaint came to be registered vide C.R. No.71 of 2002 with Chandgad Police Station.