LAWS(BOM)-2009-7-242

BABUDAS V GAONKAR Vs. SANTOSH PHADTE

Decided On July 27, 2009
BABUDAS V GAONKAR Appellant
V/S
SANTOSH PHADTE Respondents

JUDGEMENT

(1.) HEARD Shri Bhobe, Learned Counsel on behalf of the complainant, and, Shri P.S. Lotlikar, Learned counsel on behalf of the respondents/accused.

(2.) THIS appeal is filed by the complainant against the acquittal of the accused under sections 330, 323, 352 read with section 34 I.P.C. by Judgment dated 6.6.2008 of the Learned J.M.F.C., Ponda.

(3.) THE Learned Magistrate had called for the say of the respondent no.1 on the said application dated 2.9.96. It appears that the Learned Magistrate called for the say by 11.00 p.m. and when the said application was taken to the respondent no.1 by someone on behalf of the complainant to give his say, the respondent no.1 did not file his say saying that he would file it at 11.00 p.m. This fact was brought to the notice of the court by the complainant by an application for contempt against the accused dated 4.9.96. In this application also there was no story of assault given by the complainant though it was filed on behalf of the complainant by his Advocate.