HARIDAS NIVRUTTI SHINDE Vs. DINKAR JANARDHAN BHOSALE

JUDGEMENT

(1.) BY means of this Criminal Revision application, the petitioner (Original Complainant)has impugned the Judgment and Order dated 24-1-1991, passed by the Chief Judicial Magistrate, solapur in Summary Trial Case No. 489 of 1988, acquitting the respondents Nos. 1 to 4 for offences punishable under sections 337, 323, 504, read with 34, Indian Penal Code.

(2.) IN short, the prosecution case is that on 30-10-1987, at about 4. 30 p. m. respondents Nos. 1 to 4 in furtherance of their common intention caused hurt to complainant Haridas Nivrutti Shinde in front of their house situated at Nirala Vasti in the district of Solapur. The allegation is that the respondent No. 1 buried a stone which struck on the forehead of the complainant and the respondents Nos. 2 to 4 assaulted him with Fists and kicks and also abused him. After the complainant had lodged his FIR, he was medically examined and was found to have suffered a contused lacerated wound 2 cm x 1 cm on the forehead and an abrasion over the 4th ring finger of the right hand. After the usual investigation, the respondents Nos. 1 to 4 were charge-sheeted.

(3.) THE respondents Nos. 1 to 4 were tried for offences punishable under sections 337, 323 and 504, Indian Penal Code. Vide the impugned judgment, they were acquitted under section 337, indian Penal Code because, as observed in para 7 of the said Judgment, the stone was intentionally hurled by the respondent No. 1 on the forehead of the complainant and an offence under section 337, indian Penal Code contemplates of a rash or negligent act. They were acquitted under section 504, Indian Penal Code because, what were the abuses hurled by them, has not been disclosed in evidence by the witnesses. Finally, they were acquitted under section 323, Indian Penal Code on the ground that the said offence is a non-cognizable one and consequently, no investigation could have proceeded without previous order of a magistrate, as contemplated by section 155 (2), criminal Procedure Code.