LAXMAN JAYARAM SHANT Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This revision Application is directed against the judgment and order passed by the learned Sessions Judge, Sangli, dated January 11, 1980 confirming the order of conviction and sentence passed by the learned Judicial Magistrate. First Class, Miraj dated July 27, 1979 convicting the accused-petitioner herein under section 7(1) of the Protection of Civil Rights Act, 1955 (hereinafter referred to as the Act".)

(2.) Few relevant and material facts which give rise to this revision application are as under:---

(3.) On December 19, 1978, the complainant sent his complaint-application by a registered post to the Police Sub-Inspector, Jat Police Station. The said complaint is at Exhibit 16 on record and the same is treated as the First Information Report. The Police Station Jat received the said complaint on December 21, 1978, registered an offence under section 7(1)(d) of the Act and immediately started investigation. They recorded the statements of the witnesses and also the supplementary statement of the complainant on December 21, 1978. After completion of the investigation, a charge-sheet was filed against the accused. The accused pleaded not guilty to the charge. It is contended by the accused that a false case has been made out against him. It is contended that he had not uttered the words as stated by the complainant in his complaint. That on the report of the accused, the complainant was transferred from Mirwad to Mhaishal a place in Miraj taluka and, therefore, a false case has been fabricated by the complainant against him. According to the accused, the complainant did not like the transfer and, therefore, after deliberation he filed a false complaint. The defence of the accused is of total denial.