PANDURANG LAXMAN CHAUDHARY Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This Revision Application is preferred against the conviction and sentence of the accused under section 448 of the Indian Penal Code and under section 7(1)(d) or the Protection of Civil Rights Act, 1955 passed by the learned Judicial Magistrate, Jalgaon, and confirmed by the Additional Sessions Judge, Jalgaon.

(2.) The prosecution case is that the complainant Kisan Bodwade is a tenant of the accused occupying premises consisting of two rooms on the ground floor of the building belonging to the accused at Visanji Nagar, area of Jalgaon. The accused resides on the first floor above the said premises of the complainant. The accused has filed proceedings against the complainant in ejectment. The complainant belongs Schedule Caste being Mahar by caste.

(3.) On 30-1-1979 at about 7.30 a.m. the accused got annoyed by the smoke nuisance coming from the premises of the complainant by reason of the water heater being ignited. He, therefore, rushed down and entered the backside room of the complainant and abused him calling him by the names "Dhedgya Mahardya". The accused also threatened to kill him by hiring goondas if he failed to vacate the premises. The complainant then went to Jilha Peth Police Station and lodged his complaint.