- (1.) This appeal has been filed by the complainant under Section 378(4), Cr. P.C. against the judgment and order of acquittal dated 24-1-78 passed by the learned Sessions Judge, Jodhpur in Cr. Appeal No. 35/77 vide which the learned Sessions Judge accepted appeal of the accused-respondent against his conviction under Section 323, I.P.C. and order of sentence passed thereunder by the Judicial Magistrate No. 4, Jodhpur.
(2.) Briefly stated, the prosecution story giving rise to the prosecution of the accused-respondent culminating into the present appeal is that the appellant was an employee of the Posts and Telegraphs Department (for short the PandT Department) of the Government of India. Besides, he was also Divisional Co-ordinating General Secretary of the National Union of Postal Employees. He was earlier posted as Sub-Post Master, Railway Sub-Post Office, Jodhpur. The respondent (accused) was Post Master General, PandT Department, Rajasthan, Jaipur. It was alleged that the complainant-appellant made certain complaints against the then Superintendent of PandT Department, Jodhpur Mr. H.W. Bhag and, consequently, he was transferred from his post. Mr. Bhag was a favourite of the accusedrespondent and he was annoyed with the complainant. This resulted in transfer of the complainant from Jodhpur to Nagaur and, lastly to Salumbar in Udaipur District. The complainant approached the accused-respondent at his Jaipur office to make a grievance against his transfer which is said to be against the rules. The accused asked him to represent his case before him on his ensuing inspection visit to Jodhpur in near future. It was on 25-10-71 that the accused came to Jodhpur for inspection of local offices of PandT Department. On that day at about 5.45 P.M., the accused came out of the main Post Office situated near the main Jodhpur Railway Station. He boarded departmental jeep stationed in front of the gate of the H.P.O., Jodhpur. The complainant approached him and he started narrating his grievance against his transfer which enraged the accused who gave a blow of kick of left foot on his abdomen and hurled abuses at him and he was intentionally insulted resulting in giving him provocation knowing that the same would result in commission of breach of peace by the complainant. However, as a dutiful and peace living disciplined citizen, the complainant kept restraint and he did not react. The accused while pushing away the complainant, left the place hurriedly in his jeep. The complainant immediately went to the Police Station, Sardarpura, Jodhpur and lodged Ex. D. 3 report. Since Ex. D. 3 did not reveal commission of any cognizable offence and instead offences under Sections 323 and 504, I.P.C. appear to have been committed, he was directed to have a recourse to the legal proceedings in a competent Court of law. He lodged a complaint, for the alleged commission of offences by the accused, in the Court of Judicial Magistrate No. 4, Jodhpur. It was also alleged in the complaint that since the complainant was under great pain and stress due to blow of kick given on his abdomen by the accused and, therefore, he got himself treated at the hospital and also got himself medically examined on the next day of the occurrence and, lastly, Ex. D. 5 complaint was lodged, as above.
(3.) The learned trial Magistrate, after completion of proceeding under Sections 200 and 202, Cr. P.C. took cognizance of commission of offences under Sections 323 and 504, I.P.C. and summoned the accused to face trial. The accused appeared to face the trial and, at the first instance, moved an application under Section 197, Cr. P.C. challenging the order of taking cognizance and further proceedings against him claiming that whatever acts were alleged to have been committed by him, the same were committed during the course of discharging of his legal duties and, therefore, a previous sanction, as envisaged by Section 197, Cr. P.C., was a condition precedent for his trial. This objection was overruled by the trial Magistrate but, however, the same was upheld by the High Court. The accused went in appeal to the Hon'ble Supreme Court and the Apex Court was pleased to have set aside the revisional order of the High Court thereby restoring the order of the trial Magistrate. Accordingly, the trial proceeded further.;