JUDGMENT

S.B. Sinha, J.-Leave granted.

2. This appeal is directed against the judgment and order dated 27.01.2004 passed by the High Court of Bombay in Criminal Revision Application No. 219 of 1996, whereby and whereunder the revision application filed by the Appellant herein was dismissed ex parte.

3. The Appellant herein is a Constable in the State Reserve Police. He was charged for alleged commission of an offence punishable under Sections 354, 323, 504, 506 read with Section 34 of the Indian Penal Code. One Dilip Phadtare was a monthly tenant under the Appellant in one of the rooms in his house situated at Sarpanch Vasti, Dund. It is not in dispute that quarrels used to ensue between other tenants on the one hand and the said Dilip Phadtare and his wife on the other. It is also not in dispute that the Appellant had asked Dilip to vacate the tenanted premises. He was also said to have in search of other premises.

4. His wife Alka Dilip Phadtare is the complainant. On 10.04.1993 at about 5.15 p.m., the Appellant is said to have entered into the said tenanted premises, when Alka (PW-2) was watching a movie in the television with her sons Shivaji and Amol. He enquired about her husband