LAXMAN NIVRUTTI RASAL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Appeal is filed against judgment and order of S.T.C. No. 386/1989 which was pending in the Court of Joint Judicial Magistrate, F.C. Shrigonda, Dist. Ahmednagar. The respondent is acquitted of the offences punishable u/s. 447, 427, 323, 504 & 506 of IPC. Both sides are heard. This Court has perused original record. In short, the facts leading to institution of the Appeal can be stated as under:

(2.) The appellant had filed private complaint for aforesaid offences. The appellant is the owner of agricultural land bearing Gat No. 520. At the relevant time, he had laid the pipeline between land Gat No. 520 and 533 to take water from the well situated in land Gat No. 533.

(3.) The incident took place on 16/5/1989 at 10 p.m. The accused went towards Gat No. 533 by his motor cycle and his motor cycle ran over the aforesaid pipeline. When the complainant and his persons tried to convince the accused to see that no damage is caused to the pipeline, accused became angry. The accused then came with his tractor and he ran over pipeline by using the tractor. Due to this, some pipes got broken. Accused then manhandled complainant and his men. On the same night, complainant went to police station and gave report. No action was taken by police. The police patil of the village of the complainant prepared panchanama, then private complainant came to be filed.