KALLAPPA APPANNA BEBADE Vs. DATTATRAYA RAMCHANDRA SHEJAL

JUDGEMENT

(1.) BY means of this appeal preferred under section 378 (4), Criminal Procedure code the appellant ( Original Complainant ) has impugned the Judgment and order dated 31-3-1983 passed by the Judicial Magistrate, First Class, kurundwad, District Kolhapur, in C. C. No. 224/80, acquitting the respondents Nos. 1 and 2 for the offence punishable under section 323 read with 34, indian Penal Code. The gravamen of the allegation of the complainant Kallappa Appanna Bebade, as voiced in his complaint is that he and his son Bharat while being prosecuted in a ease under section 302 read with 34, Indian Penal Code, were physically assaulted by the respondents Nos. 1 and 2 who were police Sub-Inspector and constable respectively during the investigation of the said case.

(2.) ON receiving the said complaint, the predecessor of the Magistrate who passed the impugned order, recorded depositions of the complainant Kallappa Bebade and his son Bharat. Thereafter, process under section 323 read with 34, Indian Penal Code were issued against the respondents Nos. 1 and 2.

(3.) THE respondents Nos. 1 and 2 appeared in the trial Court and pleaded not guilty. On the date of trial, i. e. 18-2-1983, their counsel submitted an application (Exhibit 41) stating therein that the said respondents were public servants and consequently, permission under section 197, Criminal Procedure Code was a condition precedent for their prosecution. The said application was strenuously opposed by counsel for the original complainant.