IMPORTANT POINT
A conviction under Sections 186 and 353 of the IPC necessitates reliable and consistent evidence; contradictions and bias among witnesses can lead to the reversal of a conviction.

JUDGMENT/ORDER

1. Rule. Rule made returnable forthwith heard with consent of the parties.

2. In this revision, the challenge is to the judgment and order dtd. 3/12/2022 passed in Criminal Appeal No.81 of 2015 by the learned Sessions Judge, Chandrapur, whereby the learned Sessions Judge dismissed the appeal filed by the applicant against the order of his conviction and sentence. The applicant was convicted by the learned Judicial Magistrate First Class, Ballarpur for the offences punishable under Ss. 186 and 353 of the Indian Penal Code and sentenced to suffer simple imprisonment for three months and one month respectively with fine. The facts necessary for the decision of the revision application can be summarized as follows:

3. The informant (PW1), at the relevant time, was serving as a Village Development Officer at Bamni Gram Panchayat. The incident, as per the informant, occurred on 3/3/2014 in the Gram Panchayat office, Bamni. The applicant, at the relevant time, was a Member of the said Gram Panchayat. It is stated that on 3/3/2013 there was monthly meeting of the Gram Panchayat. The applicant came to attend the said meeting. He made demand of payment for the drainage construction work done by him from the informant. The informant told him that on next day he would discuss the said matter with the applicant. The applicant got annoyed. The applicant caught hold the hand of the informant and dragged him. The Sarpanch and other staff members intervened in the quarrel and rescued the informant. The applicant while leaving the office of the Gram Panchayat extended threats of dire consequences to the informant. It is stated that the informant being a public servant was discharging his duties. The applicant assaulted him and obstructed the informant while discharging his official duty. On the next day, the informant lodged the report at Ballarshah Police Station. On the basis of his report, Crime No.39 of 2014 came to be registered against the applicant for the offences punishable under Ss. 186, 353 and 506 of the Indian Penal Code (for short, "IPC").

4. Police Constable-Rajendra Khanke (PW6) conducted the investigation, drew the spot panchanama and recorded the statements of the witnesses and filed the charge-sheet against the applicant.

5. After framing the charge, the learned Magistrate recorded the evidence of six witnesses. The learned Magistrate on appreciation of the evidence found the applicant guilty of the offences punishable under Ss. 186 and 353 of the IPC and as such convicted and sentenced him as above. The applicant was acquitted of the offence punishable under Sec. 506 of the IPC. Against this conviction and sentence, the applicant had filed the statutory appeal before the Sessions Court. The learned Sessions Judge on re-appreciation of the evidence found the evidence reliable to maintain the order of conviction and sentence. The learned Sessions Judge dismissed the appeal. Against this order of Sessions Judge, the applicant is before this Court in revision.

6. I have heard the learned advocate for the applicant and learned Additional Public Prosecutor for the non-applicant. Perused the record and proceedings.

7. The learned advocate for the applicant submitted that the evidence of the informant (PW1) even if considered as it is would show that it is of no use to the prosecution against the applicant. The learned advocate took me through the First Information Report (FIR) and the examination-in-chief of the informant (PW1) and submitted that the facts stated before the Court by PW1 have been proved to be omission. It is pointed out that the incident narrated in the FIR has not at all been deposed to by the informant (PW1) in his evidence before the Court. The learned advocate submitted that therefore the main foundation of the case of the prosecution has become weak and shaky. He further submitted that PW3 is the husband of the Sarpanch(PW4). PW3 acted as a witness to the spot panchanama. Learned advocate took me throu