VIJAYKUMAR RAMANLAL SHAH Vs. SURESH UTTAMCHAND SETHIYA

JUDGEMENT

(1.) Heard the respective sides.

(2.) The injured/applicant has preferred this criminal revision application under Sec. 397, read with Sec. 401 of the Code of Criminal Procedure against the judgment and order of acquittal of learned 4th Jt. Judicial Magistrate First Class, Jalna, in R.C.C. No.396 of 2004, dtd. 29/10/2005.

(3.) The brief facts of the case were that the accused and the injured had shops adjacent to each other. The incident happened on 21/3/2004. The first informant and the injured went to their shop. The accused asked them to park their scooter at another place as it was their shop. The injured told them they should remove their scooter parked in front of his shop, and then he would remove his scooter. Then the accused said to the injured, 'Is the road your father's'? Then they started quarreling with the injured. The accused went into their shop and brought a wooden log, and hit on the head of the injured. The complainant tried to explain to them, but they abused him, also. The report was lodged immediately. A crime was registered for the offences punishable under Ss. 323, 324 and 504, read with Sec. 34 of the IPC. The prosecution examined seven witnesses in all and closed the case. The accused had a defence of false implication. Appreciating the evidence, the learned Magistrate acquitted the accused.