KARUMANCHL VIRANAGALAH Vs. KATTA MARK

JUDGEMENT

(1.) The complainant in C C.No. 7/75 on the file of the Additional Munsif Magistrate's Court, Bapatla is the appellant herein. The three accused who have been acquitted of a charge under section 504 I.P.C. are the respondents. There Is a land dispute between the complainant and the accused The complainant Instituted a suit against the three accused and some others in regard to the land. Pending disposal of the suit, he obtained an injunction restraining the accused and others from interfering with his possession of the land He has also filed a complaint against the accused and others in the court of the Judicial Second Class Magistrate, Bapatla alleging the commission of offences punishable under Sections 143, 447, 427 and 149 I.P.C He has further filed M.C, 7/74 under Sec. 144 Cr. P.C. in the court of the Executive Magistrate. Bapatla against the accused and others. The said M.C. 7/74 stood posted for enquiry on 16-1-76. On this day the complainant, the accused and others attended the court. The Executive Magistrate adjourned the case to 30-1-1975. According to the complainant, after the case was adjourned, he went to a nearby coffee hotel to take coffee. By the time the complainant finished his coffee and came to the counter to pay the bill, the three accused came there, pointing cowards the complainant, A-2 said, "here is the fellow, who is bold enough to file cases against us". The complainant pleaded, "if it were a sin to file a case when he was robbed of his property" Gnawing his teeth A-I thereupon said, "you bastard, come out, I will kick you A-2 said who will come to your' rescue even If I kick you here". He has further said, "who will come to your rescue even If we kick you in the village." A-3 said "what more does he deserve than this" On the Intervention of the persons present in the coffee hotel the three accused left the place.

(2.) The plea of the accused was one of complete denial.

(3.) In support of his case, the complainant examined himself as P.W. I, the Bench Clerk of the Maglstrate 'scourt as P.W. 2 and a student studying in the Degree course in the college at Bapatla as P.W.3. The accused did not examine any witnesses on thoir behalf.