- (1.) The present Criminal Revision Application is directed against the Judgment and Order dated 22nd May, 2000 passed by the Judicial Magistrate, F.C., Bhokar in R.C.C.No.17/2000, by which the learned Magistrate convicted the applicant for the offence punishable under Section 332 of the Indian Penal Code and directed him to suffer Simple Imprisonment till rising of the court and to pay fine of Rs. 500/- and in default of payment of fine to suffer Simple Imprisonment for eight days. He was also convicted for the offence punishable under Section 353 of the Indian Penal Code and was directed to suffer Simple Imprisonment till rising of the court and to pay fine of Rs. 300/- and in default of payment of G.A. Ghule [P.A.] fine amount, to suffer further Simple Imprisonment for five days, together with Judgment and Order dated 3rd October, 2002 passed by the learned Sessions Judge, Nanded in Criminal Appeal No.40 Of 2002 whereby, the lower appellate court was pleased to dismiss the Criminal Appeal and confirmed the order of conviction passed by the learned Magistrate.
(2.) I have heard Mr. Nikhil Tekaley, learned counsel for the Applicant and Mr. V.P. Kadam, learned Additional Public Prosecutor for the State of Maharashtra, in extenso. With their able assistance, I have gone through the Record & Proceedings.
(3.) The prosecution case can be narrated herein-under :- (i) PW No. 1 Namdeo Jhingraji Karle lodged First Information Report Exhibit - 13 with Police Station, Bhokar. As it discloses commission of cognizable offence, CR No.207/1998 was registered against the accused for the offences punishable under Section 332, 353 of the Indian Penal Code. (ii) The first informant at the relevant time was working as Head- Master of Zilla Parishad School at Palaj. The applicant was also working in the said school as Assistant Teacher, Physical Education. (iii) On 15th December, 1998 at 10 O'clock in the morning, the first informant came to the school. After the morning prayer, he took his seat in his office and was going through the muster roll and other papers. After completion of first period, he called one student and asked him to gave the bell. Thereafter, he again came to his office and was going through the time-table. That time, at about 10.55 a.m. accused came there. From the locker, he took his personal file and kept it on the table of the first informant. Thereafter without asking the concern teachers, he took out other files and kept it on his table and then by showing the file he asked him in high pitch voice "as to why he is not sending the letter for his increment". (iv) First Information Report also disclosed that accused uttered abusive words. Upon that, first informant replied that, unless there is explanation from the superior, he is helpless. Upon that applicant caught hold his colour and pushed him away and then gave fist blows to him. Thereafter, accused took a stone and assaulted him on the thumb of his right hand. (v) The Investigating Officer PW No. 5 Bhimrao Sonba Punjarwad after completion of usual investigation, filed the charge-sheet. The accused denied the charge and claims for his trial. (vi) In order to bring home the guilt of the accused, in all five witnesses were examined. The learned Magistrate, as observed in opening paragraph of this judgment convicted the accused - applicant.;