STATE OF MAHARASHTRA Vs. RAJARAM YASHWANT RASAL

JUDGEMENT

(1.) The present Appeal under section 378(1) of the Code of Criminal Procedure, 1973 (for short 'CrPC') is preferred by the State of Maharashtra against the judgment and order of acquittal passed by the learned Judicial Magistrate, First Class, Rajapur, Ratnagiri on 29/04/1999 in Summary Criminal Case No. 282 of 1996.

(2.) The prosecution's case arises out of report lodged by P.W.1 against the respondent - original accused at Rajapur police station under section 189 of the Indian Penal Code (for short 'IPC') and section 120 of the Bombay Police Act.

(3.) The prosecution's case in nutshell is as under : On 19/01/1996, the respondent entered the workshop of S.T. Depot, Rajapur. He misbehaved with one Shri S.P. Chougule (P.W.2), Shri Prakash L. Shinde (P.W.3) and his staff. The respondent threatened to remove them from services and also threatened that he will not allow any person to enter in their cabin. The respondent threatened to beat them. The respondent also threatened them by saying that he was facing 50 cases and there will be no harm to him if he faced one more case. Based on the report Exhibit 15 submitted by P.W.2 - Subhash and P.W.3 - Prakash, P.W.1 - Shashikant Mahadev Rasam lodged a complaint Exhibit 16 against the respondent-accused at Rajapur police station under section 189 of Penal Code and under section 120 of the Bombay Police Act.