RAMA MAHADEV NAGPURKAR Vs. MADHUKAR NATHUJI KATHAWATE

JUDGEMENT

(1.) THIS is an appeal by the complainant. The respondent accused M.N. Kathawate was tried for an offence punishable under section 332 IPC and the trial Court convicted him and sentenced him to undergo six months RI. The appeal filed by him was dismissed. He filed a revision before the High Court and the same was allowed. Therefore the complainant has come forward with this appeal. The complainant -appellant was the Head Master of Zilla Parishad School at Velture and the accused was working as a Clerk in the Zilla Parishad Office. It is alleged that on 6.3.1980 a quarrel ensued between the complainant and the accused in respect of disbursement of salaries and that the accused picked up a wooden roller and started beating the complainant who received injuries. He went and reported the matter to the police. The case was investigated and a challan was filed. The trial Court as well as the appellate Court accepted the evidence of the complainant supported by the medical evidence and convicted the accused accordingly. The High Court re -appreciated the whole evidence and allowed the revision setting aside the conviction and sentence passed against the accused.

(2.) IN this appeal, it is submitted on behalf of the complainant that the High Court ought not to have interfered while exercising revisional jurisdiction by re -appreciating the evidence.

(3.) WE also find that there are no such strong grounds to interfere in this appeal filed by the complainant to convict the accused for any specified offence. However, the complainant feels aggrieved that the accused had atleast committed an act of insubordination. Learned counsel for the appellant submits that the accused may be admonished or in the alternative he may file a written apology. We think this is a fair offer.