Judgment

ALAGIRISWAMI, J:- The appellant filed a complaint against the 2nd respondent before the Addl. Munsiff Magistrate of Jodhpur City under Sections 323 and 504 Indian Penal Code. The 2nd respondent was the Post Master General, Rajasthan and the appellant a clerk in the Head Post Office at Jodhpur. He was also the Divisional Secretary of National Union of Postal Employees. The relevant portion of the complaint is as follows:

"4. That the accused came on tour to Jodhpur on 25-10-1971. He arrived at the Head Post Office Jodhpur, in connection with the inspection at 5. 45 p.m. The complainant reached to submit his representation to the accused for cancelling his transfer, when the accused just sat in his jeep and the complainant started narrating his story.

5. That the accused being enraged by this complaint, kicked him in his abdomen and abused him by saying "Sale, Goonda, Badmash, on one hand you are complaining and on the other hand you are requesting for the cancellation of transfer.

"6. That the complainant became very much enraged over this incident but he suppressed his anger because of being responsible citizen and to avoid any further disturbance.

"7. That after kicking and a