GIRIDHARILAL SAROGI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THE present revisional application under Section 401/482 Cr.P.C. is directed against the order of judgement and acquittal dated 25.11.2009 passed by Learned Metropolitan Magistrate, 6th Court, Calcutta in connection with the T.R. Case No. 716 of 2000 arising out of G.R. Case No. 896 of 1999 in connection with Burrabazar P.S. Case No. 418 of 1999 dated 24.11.1999 under Sections 323/504/506 of the Indian Penal Code.

(2.) THE petitioner/complainant contends that a complaint was lodged against accused/O.P. No. 2 before the Additional Chief Metropolitan Magistrate, Calcutta under Section 323/352/355/ 427/504/506(ii) IPC on the allegation that the accused intentionally put off the main switch of the electricity of the complainant/petitioner at his tenanted premises at 44, Battala Street on 10.07.1999. When he protested against such wrongful act, the accused without any provocation abused him in filthy languages and slapped him with the intention to cause willful dishonour to his life and reputation as an income tax practitioner. THE complaint was forwarded under Section 156(3) Cr.P.C. and after due investigation chargesheet was submitted and the case was ultimately transferred to the file of Learned Metropolitan Magistrate, 6th Court, Calcutta for trial. Learned Magistrate, however, acquitted the accused by order dated 25.11.2009 of the charges under Section 323/504/506 IPC.

(3.) FROM the impugned judgement under review it appears that the Learned Trial Court has disbelieved the testimony of the prosecution witnesses on the following grounds : -