PYARELAL MAGANLAL JAISWAL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) JUDGEMENT of acquittal passed by the 2nd Judicial Magistrate, First Class, Buldana, on 3-3-1992, whereby the said Court has acquitted the respondent No. 2 for the offence punishable under Section 500, I. P. C. , has compelled the complainant/appellant to tile this appeal against acquittal.

(2.) THE brief facts which led to filing of the complaint by the present applicant (for short complainant) under Section 500, I. P. C. against the respondent No. 2 Shivaji Deorao Dethe (for short accused) are that on 20-11-1988 a function was organised at village Chandol to felicitate newly elected M. L. A. The complainant as well as accused were present in the said function on dais and the complainant was the member of the reception committee. There was good gathering though there is dispute about the number of people. In the said meeting the accused in his speech while making gesture towards the complainant uttered that Pyarelal Seth (complainant) and Sahebrao Wani do not have any regard for leaders and they do not care them and they get their work done by offering money to officers and sahibs and they are corrupt persons. The said speech of accused was also reported in the newspapers "tarun Bharat; and Dainik Ajantha published from various places. Since according to the complainant by aforesaid utterance of the accused the reputation of the complainant was harmed, he was compelled to file a complaint under Section 500, I. P. C. in the Court of Judicial Magistrate, First Class, on 6-12-1988 against the present accused.

(3.) THE complainant examined himself as C. W. 1 and also examined Nathusingh Chanda, C. W. 2, Vishnu Dagdu C. W. 3. Babanrao Annaji C. W. 4 and Harish Chavan C. W. 5 and also placed on record photographs with negative Exhs. 42 to 51. The statement of the accused was recorded under Section 313, Cr. P. C. in which he denied having uttered aforesaid words and also in defence the accused examined Kiran Tulshiram Kichkule D. W. 1, Digambar Sawale D. W. 2, Bhagwan Dete, D. W. 3 and Dinkar Mule, D. W. 4.