MORESHWAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith heard with consent of the parties.

(2.) In this revision, the challenge is to the judgment and order dtd. 3/12/2022 passed in Criminal Appeal No.81 of 2015 by the learned Sessions Judge, Chandrapur, whereby the learned Sessions Judge dismissed the appeal filed by the applicant against the order of his conviction and sentence. The applicant was convicted by the learned Judicial Magistrate First Class, Ballarpur for the offences punishable under Ss. 186 and 353 of the Indian Penal Code and sentenced to suffer simple imprisonment for three months and one month respectively with fine. The facts necessary for the decision of the revision application can be summarized as follows:

(3.) The informant (PW1), at the relevant time, was serving as a Village Development Officer at Bamni Gram Panchayat. The incident, as per the informant, occurred on 3/3/2014 in the Gram Panchayat office, Bamni. The applicant, at the relevant time, was a Member of the said Gram Panchayat. It is stated that on 3/3/2013 there was monthly meeting of the Gram Panchayat. The applicant came to attend the said meeting. He made demand of payment for the drainage construction work done by him from the informant. The informant told him that on next day he would discuss the said matter with the applicant. The applicant got annoyed. The applicant caught hold the hand of the informant and dragged him. The Sarpanch and other staff members intervened in the quarrel and rescued the informant. The applicant while leaving the office of the Gram Panchayat extended threats of dire consequences to the informant. It is stated that the informant being a public servant was discharging his duties. The applicant assaulted him and obstructed the informant while discharging his official duty. On the next day, the informant lodged the report at Ballarshah Police Station. On the basis of his report, Crime No.39 of 2014 came to be registered against the applicant for the offences punishable under Ss. 186, 353 and 506 of the Indian Penal Code (for short, "IPC").