SOPULLO DATA NAIK DESSAI Vs. YESHWANT GOVIND DESAI

JUDGEMENT

(1.) This appeal is directed against Judgment dated 22-12-2006 of the learned JMFC, Canacona, acquitting the Accused/Respondent under Section 499/500 IPC.

(2.) The appellant/complainant is a Government Primary school teacher and the accused is a contractor by profession and both are Mahajans of Mallikarjun Devalaya, and both had been the Presidents of the Managing Committee of the said Devalaya. Elections to the Managing Committee were scheduled on 28-2-2004 and the complainant as well as the accused along with two others filed their nominations to be elected as President of the Managing Committee of the said Devalaya. The other two were one Dayanand Faldessai/DW2 who withdrew his nomination and one Ulhas Dessai whose nomination was held to be invalid. The accused was the President of the said Devalaya as on the date of the said election. The complainant's nomination came to be rejected, and according to the complainant, as told to him, because the complainant was a Government primary teacher but according to the accused it was rejected because the nomination was not signed by the complainant, and also because the serial number was not correct. The accused produced the nomination form at Exh.17 claiming it to be the one filed by the complainant but according to the complainant that was not the form which was submitted by him. After two nominations were rejected, and the third having been withdrawn, the accused got elected as President of the said Devalaya, unopposed.

(3.) The complainant filed a representation to the Mamlatdar who is the Administrator of Devalayas under the relevant provisions of law in force in this State. The Mamlatdar called for the say of the respondent but the respondent instead of assigning the said two reasons on account of which the complainant's nomination was rejected made several allegations against the complainant including that (1) 'the complainant entered in the 'sabhamandap' of the Devalaya under the influence of liquor' on the date of election of the Managing Committee, (2) that whenever the complainant came for the General Body Meetings or other meetings of Mahajans, the complainant created trouble amongst the Mahajans under the influence of liquor, (3) 'and even when he was the President the complainant came in the same fashion and the Mahajans had filed a complaint to the Mamlatdar against the said behaviour of the complainant and (4) he was arrested by Police and was kept in the lock-up being involved in 'goondagiri', about ten years back during drama festival.