SURYAKANT SAPRE Vs. STATE OF M P

JUDGEMENT

(1.) THIS revision petition is directed against the judgment dated 25-8-2004, passed by Judicial Magistrate, First Class, Rewa in Criminal Case No. 301/02 whereby non-applicant No. 2 Dinkar Prasad Pandey has been acquitted from the charge of Sections 294 and 324 of Indian Penal Code, then the complainant/injured has preferred this revision petition against the above said order of acquittal.

(2.) AS per the prosecution case, 14-2-2001 one charge- sheet was issued to non-applicant No. 2 by the Divisional Manager of the M. P. S. R. T. C. Ratahara. The above said notice was entered by complainant in the Pune-Book of the office. As alleged, due to this, non-applicant No. 2 went in the cabin of complainant and abused him with filthily languages and in continuation of it one chair was thrown over the face of applicant by non-applicant No. 2. Complainant got injured, he received injury just near his eye and there was some rescuing by the departmental persons then the matter was reported to Police, Rewa, who submitted the charge-sheet after holding the entire investigation.

(3.) AFTER framing the above said charges, the prosecution examined witnesses. Out of them Suryakant (P. W. 1) and Bhanwarlal (P. W. 2) were examined as injured and the eye-witnesses. But, as per Paras 6, 7 and 8 of the impugned judgment, which speak about the whole position of the evidence and that has not been disputed by the applicant himself. If such inconsistent and contrary statements have come up on the record, then certainly the non-applicant No. 2 was properly acquitted by the Trial Court after appreciation of the evidence.