RAVIKANT DATTATRAY CHANDPURE Vs. SURESH SHANKAR AHIRE

JUDGEMENT

(1.) The petitioner is the original complainant who has taken exception in the matter of commutation of sentence of simple imprisonment for one month to the payment of fine of Rs.1000/- under section 433(d) of the Criminal Procedure Code, 1973 by the respondent state through its Home Department, Government of Maharashtra, Mantralaya, Mumbai in favour of respondent no.1 (Original accused).

(2.) The petitioner instituted a private complaint case against the respondent no.1 (original accused) Suresh Shankar Ahire in the court of Judicial Magistrate, First Class, Railway Court, Kalyan which came to be registered as Complaint (Summary) Case No.3225 of 1993. In a nutshell, it was the case of the petitioner that the petitioner and respondent no.1 at the relevant time were working in the Industrial Development Bank of India (IDBI) Tower, Cuffe Parade, Mumbai 400 005 and that their relations were not cordial. According to the petitioner, respondent no.1 is a person of troublesome nature. In the month of February 1993, respondent no.1 had abused and tried to assault the petitioner in the train as well as outside the V.T. Station (C.S.T.). It is on 12.4.93 that the petitioner and his wife were waiting at Thane Railway Station to board the train to go to V.T.Station and when the train arrived and the petitioner and his wife were in the process of boarding the train, respondent no.1 alongwith his associates appeared at the spot and started beating the petitioner with fist blows because of which petitioner fell down on the platform and at that time respondent gave him kick blows and took out his belt and beat the petitioner with it. The petitioner s wife, who was about to board the Ladies compartment, on hearing the commotion saw respondent no.1 and some unknown persons beating her husband. On noticing the same, she immediately rushed towards the spot of incident but could not save her husband from the grip of respondent no. 1 and his associates. In the course of same transaction respondent no.1 threatened the petitioner that he would throw him out of a running train and kill him and hurled filthy abuses. The incident continued about 2 to 5 minutes. By that time, crowd gathered at the spot, and when the assaulters found that the petitioner is lying motionless they fled away from the scene of occurrence. One of the passengers helped the petitioner s wife in lifting her husband and they were put in the next train with the assistance of the co-passenger (Meghnath Mhatre P.W.No.5) who travelled upto to Ghatkopar Station alongwith them.

(3.) Due to assault, the petitioner sustained injuries on his cheeks and eyes, neck and back and suffered mentally and physically. On the next day, after coming out of shock, the petitioner reported the matter to Thane Railway Police and was referred to Civil Hospital for medical checkup and treatment but as the police registered a non-cognisable offence, he was advised to approach the court by filing a complaint. It is the case of the petitioner that on 19.4.93, he was again threatened by the Respondent of dire consequences to withdraw the report filed by the petitioner. The petitioner lodged report about the threats given by respondent no.1 at Thane Railway Police as well as Cuffe Parade Police Station. It is the case of the petitioner that the petitioner even informed their employer who did not take any cognisance of the matter nor any action was taken against respondent no.1 for threatening the petitioner of dire consequences. It is in this context that the petitioner lodged a private complaint case being Summary Case No.3225 of 1993 on 23.6.93 against respondent no.1 and the Trial Court issued process against respondent no.1 for having committed offences punishable u/s.323, 504 and 506 of the Indian Penal Code.