DEELIP S/O. KISHAN JADHAV & ORS. Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) Being aggrieved by the Judgment and Order dated 27/6/2002 passed by First Adhoc Additional Sessions Judge, Latur convicting the appellants for offence u/s 323, 504, 429 r/w 34 of the IPC, the appellants have preferred this appeal.

(2.) Before appreciating the submissions advanced, it is necessary to consider few facts leading to prosecution of the appellants/accused. The appellants were prosecuted for committing offence punishable u/s 323, 504, 429 r/w 34 of the Penal Code and Sec. 3(i)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (herein after referred to as "Atrocities Act") with an allegation, that on 04.09.1999 at about 11:00 hrs., near bus stand of village Kumtha, the appellants acting in furtherance of their common intention voluntarily caused hurt to Shridhar Shinde (PW4), the husband of complainant Gangaubai Shinde (PW1) and also insulted the complainant and her husband and thereby committed offence u/s 323, 504 r/w 34 of the Penal Code and in the course of commission of said act, also committed the act of mischief by killing a monkey of the complainant by assaulting him by means of stick and thereby committed an offence u/s 429 r/w 34 of the IPC. Besides prosecuting them for committing offences under the Penal Code, the appellants were also prosecuted for the act to intentionally humiliate the complainant, who belongs to Mang community, in public view and thereby committed offence u/s 3(i)(x) of the Atrocities Act.

(3.) As per the case of the prosecution, Gangaubai (PW1) and her husband Shridhar (PW4) were resident of village Kumtha and they used to earn livelihood by showing the play of monkey. On 04.09.1999, the complainant along with her husband were proceeding from western Kumtha towards eastern Kumtha. When they came near ST stand, the accused Nos. 1 and 2 and other villagers told them to show the play of monkey. At that time, the husband of the complainant told them that as he was already late and he had to reach Killari by road, he is unable to show them play of monkey. At that time, accused Nos. 1 and 2 pressed the monkey by means of stick. Because of said act of accused Nos. 1 and 2, the monkey got annoyed and he rushed towards Hanmant Jagtap, torn his clothes and started shouting. The accused No. 2 dealt a blow of stick over the head of monkey. On receiving the blow, the monkey died on the spot. The accused No. 1 dealt blows of stick over the head, waist, back and right ear of Shridhar. The accused No. 2 assaulted Shridhar, the husband of complainant by means of stick and also abused the complainant and her husband. Gangubai (PW1) lodged the complaint in respect of the incident. On the basis of the complaint lodged, the offence u/s 323, 429, 504 r/w 34 of the Penal Code came to be registered vide C.R. No. 247/99 with Police Station Killari. PW3 (Subhash) registered the offence and referred Shridhar (PW4), the husband of the complainant Gangubai to Rural Hospital. The dead body of the monkey which was brought to Police Station by complainant was referred to Veterinary Hospital at Killari to conduct the postmortem on the dead body of the deceased monkey. During the course of investigation, the offence u/s 3(i)(x) of the Atrocities Act was added on the basis of supplementary statement of Gangubai (PW1) recorded on 09.09.1999. PSI Surendra Gandam (PW7) conducted the further investigation. During the investigation, statement of Abhimanyu Kamble (PW5), who alleged to have witnessed the incident, was recorded by the Investigating Officer. On conclusion of the investigation, the charge-sheet was prepared and filed in the court of JMFC, Ausa. Since the offence u/s 3(i)(x) of the Atrocities Act, being triable by Special Court, the case was transferred to the file of Special Judge, Latur. The charge u/s 323, 504, 429 of the Penal Code and 3(i)(x) of the Atrocities Act framed against the accused. Both of them pleaded not guilty and claimed to be tried. In order to prove its case, the prosecution has examined in all eight witnesses. The accused have not entered into defence. They have taken the defence of total denial and false implication at the instance of complainant on account of political rivalry. According to accused, they were members of Shivsena, a political party, whereas; husband of the complainant was member of Congress Party. As the husband of complainant was heavily drunk and behaving in disorderly manner in the village, the accused No. 1 being the Police Patil of village lodged report against him. As a counter blast to the complaint lodged, the false complaint has been lodged by the complainant.