Gopal vs. Gopal

M.Cr.C. No.5472/2007

22.7.2014

Shri R. S. Sahu, counsel for the applicant. Heard on admission.

The applicant has moved an application for grant of leave to appeal against the judgment dated 4.5.2007 passed by the JMFC, Jabalpur in Criminal Complaint Case No.1123/2005 whereby the respondent was acquitted from the charge of Section 500 of I.P.C.

The prosecution's case, in short, is that the applicant had filed a criminal complaint against the respondent and one Tulsi Patel who, expired during the trial and that on 11.1.1995 the applicant was taking lunch along with other members of his caste and the respondent has declared that the applicant was removed from the caste and therefore, he could not sit to take lunch and thereafter, he was snatched from the row of the various persons seated for lunch. He was insulted and thrown out therefore, a complaint for offence under Section 500 of I.P.C was registered.

After considering the submissions made by learned counsel for the applicant, it appears that the contention advanced by the applicant was not corroborated by his own witnesses Raghu (PW3) and Gendalal (PW2). Under such circumstances, the testimony of the applicant was rightly disbelieved by the learned JMFC. Also the applicant could not prove that he was invited in that lunch and therefore, he was thrown out of that program then, it was not due to his reputation but, it was done because he was an uninvited guest. If a person visits for lunch where he is not invited then, it cannot be said that he was a reputed citizen whose reputation was defamed during that program. The learned JMFC has rightly acquitted the respondent from the charge of Section 500 of I.P.C. There is no reason by which leave may be granted. If leave is granted then the application filed by the applicant cannot succeed. Consequently, the leave is refused.

Copy of the order be sent to the trial Court for information.

(N.K. Gupta) Judge

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