STATE OF MAHARASHTRA Vs. INDRASING SUKALAL RAJPUT

JUDGEMENT

(1.) This is an appeal impugning an order and judgment dated 31st March 2004 passed by the Judicial Magistrate First Class, Malegaon, acquitting accused of offence punishable under Section 451 (House-trespass in order to commit offence punishable with imprisonment ), Section 325 (Punishment for voluntarily causing grievous hurt), Section 504 (Intentional insult with intent to provoke breach of the peace ) of Indian Penal Code ( IPC ).

(2.) It is the case of prosecution that PW-1 - Ravindra Amarchand Jain, complainant, was at home on 2 nd December 1988 writing accounts at about 7.45 a.m. At that time, accused entered the house and asked him as to why he was not depositing electricity bill and also abused complainant. Thereafter, accused pulled complainant out of the house, lifted him and threw him to the ground resulting in injuries to the right ear and shoulder of PW-1. PW-1 says it was also bleeding from the ear and during the incident, the wife of PW-1 - Lata Jain (PW-3) was also present at home. At that time, some persons gathered and PW-1 somehow escaped and went to Chavani Police Station where he lodged a report. Accused has denied the charge and claimed to be tried.

(3.) I have considered the evidence, the records and proceedings as well as the impugned judgment. I see no reason to interfere.