STATE OF MAHARASHTRA Vs. SUBHAIYA KANAK MANIAH

JUDGEMENT

(1.) These appeals against acquittal are filed by the State of Maharashtra. There are five respondents namely original Accused Nos. 5, 6, 7, 8 and 9. They along with 10 others were tried for offences punishable under Sections 506, 302, 324, 426, 427, 435, 143, 144, 147 and 148, I.P.C. The learned Sessions Judge while acquitting the others convicted the respondents for the said offences and sentenced them to imprisonment for life and to various other terms of sentences. The appeals preferred by them were disposed of by a common judgment by the High Court. The learned Judges of the High Court considered the entire material and also the case against each of the convicted accused and held that the prosecution has not established its case beyond all reasonable doubt and accordingly acquitted the accused. The High Court also dismissed the appeal filed by the State questioning the acquittal of the other accused. Hence the present appeals are filed by the State limited to the extent of only challenging the acquittal of the respondents.

(2.) The prosecution case is as follows. All the accused except A-1 and A-2 were the employees of Calico Chemicals Plastics and Fibres Division (Company for short). A-1 and A-2 were the Secretary and General Secretary respectively of the Workers Union to which the other accused belonged as members. The company had six plants and about 1500 workers including the members of the staff were engaged in working the same. There were some disputes between the workmen and the management and some of the workers were in favour of going on strike. On 6-8-73, A-3, the President of the Staff Union gheraoed and stopped the car of the Factory Manager, P.W. 60. As a result of this conduct, the management of the Company terminated the services of A-3. A strike was called and it commenced. The workers started preventing other employees from entering the premises. The Company filed a suit and obtained an injunction from the Court restraining the striking workers from preventing the other workers. On 5-9-73 the workers indulged in an assault on some of the Executives of the Company. The workers indulged in a number of violent acts causing damage to the trucks and also making fiery speeches and also made sporadic attempts on individual officers. On 3-11-73 they also set fire on a car. In that car P.W. 38 Unniyal was the Driver. P.W. 39 Watchman Kadam, two officers of the Company viz. P.W. 34 Suvarna and and the deceased Barve, P.W. 28 Miss Yvonnes, a telephone operator and two other female employees Miss Leela Ramaswamy and Miss Leela Chandane were travelling in the car to go to the office. It is alleged that the Accused Nos. 5 to 9 and the absconding accused Balan, threw petrol and he also threw a fire-ball into the car on account of which the car got fire and almost all the occupants received serious burn injuries. Barve died within a few hours on the same day whereas P.W. 34 received 35% burn injuries, P.W. 39 received 8% burn injuries, P.W. 38 received 14% burn injuries and P.W. 28 received 50% burn injuries. Two other female employees received minor burns. A report was given and the accused were arrested and they were tried. The prosecution took one of the assailants Shevale as approver but he did not support the prosecution case. Altogether 12 charges were framed and the accused denied the offence and pleaded not guilty.

(3.) The learned Sessions Judge convicted A-5 to A-9 in view of the roles played by them while setting fire to the car. The medical evidence establishes that Barve, the deceased and other inmates of the car received burn injuries.