Supreme Court Of India

Rama Mahadev Nagpurkar Head Master V. Madhukar Nathuji Kathawate and Another

Criminal Appeal No. 561 Of 1982. 01-09-1993

JUDGMENT

K. JAYACHANDRA REDDY, J.

This is an appeal by the complainant. The respondent accused M.N. Kathawate was tried for an offence punishable under Section 332 IPC and the trial court convicted him and sentenced him to undergo six months RI. The appeal filed by him was dismissed. He filed a revision before the High Court and the same was allowed. Therefore the complainant has come forward with this appeal. The complainant-appellant was the Head Master of Zilla Parishad School at Veltur and the accused was working as a Clerk in the Zilla Parishad Office. It is alleged that on March 6, 1980 a quarrel ensued between the complainant and the accused in respect of disbursement of salaries and that the accused picked up a wooden roller and started beating the complainant who received injuries. He went and reported the matter to the police. The case was investigated and a challan was filed. The trial court as well as the appellate court accepted the evidence of the complainant supported by the medical evidence and convicted the accused accordingly. The High Court reappreciated the whole evidence and allowed the revision setting aside the conviction and sentence passed against the accused

2. In this appeal, it is submitted on behalf of the complainant that the High Court ought not to have interfered while exercising revisional jurisdiction by reappreciating the evidence

3. The occurrence is said to have taken place in the year 1980 and the appeal before us is at the instance of the complainant who has also retired from service. We also find that there are no such strong grounds to interfere in this appeal field by the complainant to convict the accused for any specified offence. However the complainant feels aggrieved that the accused had at least committed an act of insubordination. Learned counsel for the appellant submits that the accused may be admonished or in the alternative he may file a written apology. We think this is a fair offer

4. The respondent has filed an apology by way of an affidavit. There he has clearly stated that with a view to assuage the hurt feelings of the appellant and to maintain good relations he is rendering the said apology. He has also stated that he apologises to the appellant for any injury physically or otherwise, if any caused because of him. The same was unintended and unintentional. He has further stated that he has highest regards for the appellant in the past and shall have the same regards in future

5. These contents of the affidavit by way of apology go to show the repentant mood of the accused-respondent and his regard and sincerity towards the appellant. Accordingly the appeal is dismissed. The written apology filed by the accused shall be placed on record.

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