Munir Ahmad petitioner was tried under section 506, P.P.C. For criminal intimidation to Abdul Sattar P.W.1. He denied the charge and claimed to be tried. The prosecution produced 4 witnesses namely Abdul Sattar P.W.1, Hafiz Abdul Razzaq P.W.2, Ghulam Mustafa P.W.3 and Fazal Karim A.S.I., P.W.4.
Fazal Karim had investigated the case. Abdul Sattar stated that on the eventful day the petitioner had asked him not to pursue the case of dacoity against him otherwise, he will kill him. Hafiz Abdul Razzaq supported him. Ghulam Mustafa P.W.3 did not depose about the threats but simply stated that the petitioner had abused Abdul Sattar. When examined under section 342, Cr.P.C. The petitioner denied the incriminating circumstances. The trial Court convicted him under section 506, P.P.C. And sentenced him to six months' R.I. The appeal filed by him was dismissed by the learned Additional Sessions Judge on 24-1-1981, hence this revision.
2. I have examined the case with the assistance of the learned counsel for the parties. I find that there is inordinate delay in lodging the report. Abdul Razzaq P.W.2 is closely related to the complainant. Only independent witness namely Ghulam Mustafa has not supported the prosecution on the point of the criminal intimidation. He simply stated that the petitioner had abused the complainant. This being the position, I feel that the prosecution has not been able to prove its case beyond reasonable doubt.
For what has been said above, the revision is accepted. The conviction and sentence of the petitioner is set aside and he is acquitted of the charge. He is on bail and stands discharged of the bail bonds.