ASHOK ACCUSED Vs. PRALHAD

JUDGEMENT

(1.) A common order passed by the Additional Sessions Judge, Khamgaon, disposing of the Criminal Revision Nos. 77 and 76 of 1983 rejecting both of these revisions has been challenged in these applications invoking the inherent jurisdiction of the court under S. 482 of the Cr.P.C.

(2.) Facts giving rise to these special applications may be briefly stated as follows: The complainant Pralhad Namdeo Yekade is a resident of Nandura in Malkapur tahsil of the Buldana district. Vithal Kharat (petitioner in Criminal Application No. 160 of 1986) and Ashok B. Pawar (petitioner in Criminal Application No. 152 of 1986) were serving in the Constabulary attached to the Nandura Police Station in or about the year 1982. On 30th Aug., 1982 which happened to be a Ganesh Chaturthi day, the policemen attached to the Nandura Police Station were on their usual rounds. They were in their official uniform. In the afternoon at about 6 p.m. the complainant Pralhad was on the ota of his house. Adjacent to the Ota was one tailoring shop and that tailor was the tenant of the complainant. Some talk was going on between the complainant on one hand and the tailor (his tenant) on the other regarding the payment of rent. Both the petitioners were passing by the road along with two other persons who were also the policemen. It is the case of the complainant that all these four persons (including the petitioners) dragged him from the Ota to the police station. It is also his contention that he was assaulted by both the petitioners throughout the way. As soon as he reached the police station, he lodged his complaint. He was also examined by the Medical Officer. The police, however, did not take any cognizance of the matter nor did they take any steps. He, therefore, filed the present complaint before the Judicial Magistrate, First Class, Malkapur on 20-10-1982. It is interesting to note that the complaint was filed against four persons including the present two petitioners. The learned Magistrate called for the report of the police under S. 202 of the Cr.P.C. In pursuance of the report, the process was issued under Ss. 323 and 504 of the I.P.C. against three persons only. During the pendency of the proceedings, the third accused also claimed to be discharged. That prosecution went on only against the present petitioners. The petitioner in Criminal Application No. 152 of 1986 was accused 2, whereas the petitioner in Criminal Application No. 160 of 1986 was the accused No. 1.

(3.) The learned Magistrate on trial found that both the accused did assault the complainant and voluntarily caused injuries to him. He, therefore, held both the accused guilty of the offence punishable under S. 323 of the I.P.C. Both of them came to be convicted of the offences and sentenced to the fine of Rs. 100/- each.