In the present case also it is seen that the complainant was questioned with regards to some complaint lodged by him against the accused. The motive for assault has no link with the discharge of duty by the complainant. It is manifest that the assault on the PW-1 had no real nexus or causal connection or consequential relation with the performance of his duty as a public servant. There was no evidence from which it could be reasonably inferred that the intent of the accused was to prevent or deter him from discharge of his duty as such public servant. As such the charge under Sections 332 and 353 of IPC cannot sustain and the conviction for the said offences is also required to be set aside.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Criminal Revision Application No.52 of 2005
Balasaheb Nivrutti Jagtap Vs. The State of Maharashtra
Dated: 20th March, 2018.
Coram: PRAKASH D. NAIK, J.
Citation: 2018 ALL MR (Cri) 2693.
