K. S. LODHA, J. - (1.) THE State has filed this appeal against the acquittal of the respondent Jagdish from offences under Section 452 and 353 I. P. C.
(2.) I do not propose to dispose of the matter on merits, since, in my opinion now at this stage, it will not be proper to convert the acquittal into conviction and further on a perusal of the record I am satisfied that the acquittal cannot be said to be improper or perverse. The incident is alleged to have taken place on 8. 11. 1972. The case of the prosecution briefly stated is that Shri Gumansingh was an Officer-in-charge of Grants to private schools. The grant in aid of one Adarsh Bal Mandir, Ganganagar was discontinued by him and a show cause notice was issued to that School and some mistakes were found in the accounts of that school. On 8. 11. 72 at about 7. 15 P. M. while Shri Guman Singh was at his house the accused-respondent Jagdish who is a Chartered Accountant accompanied with one other person Nandkumar came there and asked Shri Gumansingh why he had stopped the grant-in-aid of the Adarsh Bal Mander and issued show cause notice to it and found fault with its accounts. He also warned him telling that he keeps such officers in his fists. Thereupon Shri Gumansingh asked him to go out, Shri Jagdish did not go out but took out a knife from the pocket of his pant and pointed to Shri Guman Singh but he caught hold of his hand and raised cry, whereupon some persons came and intervened on account of which the knife fell down and co-accused Nandkumar ran away with that knife. It is also alleged that Shri Jagdish Bhati tore the banian of Shri Gumansingh and in the scuffle one Madanlal received a minor injury on his thumb. On a report lodged by Gumangingh a case under Section 353, 451 and 323 I. P. C. was registered and a challan was filed against the accused persons, on trial learned Magistrate acquitted them. It does not appear problable that a C. A. would have acted in this manner with the Officer-incharge of grants of private schools. Admittedly no injury had been caused to any of the two i. e. Shri Gumansingh or Shri Madanlal by the knife, only scuffle appears to have taken place in which the benian of Shri Guman Singh got torn and Shri Madanlal received a minor injury on his thumb. The matter appears to have been exaggerated. As already stated above the incident had taken place on 8. 11. 1972, now more than 16 years have already passed, the accused had already suffered a prolonged trial from 1972 to 1978 and again sword has been hanging upon him during the pendency of this appeal from 1979 to August, 1988. In these circumstances, the matter must now come to an end. The appeal is accordingly dismissed. .;