HARIBHAU Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Leave granted.

(2.) This appeal is filed against the final judgment and order dated 20.04.2018 passed by the High Court of Judicature at Bombay, Nagpur Bench in Criminal Appeal No. 258 of 2006 whereby the High Court while allowing the appeal with respect to other accused-Babarao Shriram Chaudhary dismissed the appeal with respect to the appellant herein and confirmed his conviction and sentence awarded to him by order dated 10.04.2006 passed by the 3rd Adhoc Additional Sessions Judge, Washim in Atrocities Case No. 28 of 2005 by which the appellant and Babarao had been convicted for the offences punishable under Sections 353, 294 and 504 read with Section 34 of the Indian Penal Code, 1860 (hereinafter referred to as "IPC") and had directed them to suffer rigorous imprisonment for three months with fine of Rs.500/under Section 353/34 IPC and rigorous imprisonment for one month with fine of Rs.200/- under Section 504/34 IPC and rigorous imprisonment for one month with fine of Rs.100/- under Section 294/34 IPC. All the sentences were directed to run concurrently.

(3.) In short, the case of the prosecution is that Bala Saheb Ingole (PW1) was serving as a teacher in Zilla Parishad Primary School at Januna, Tahsil Karanja District Washim (MH). On 05.04.2005, the appellant (Haribhau) and Babarao, who were Sarpanch and Member of the Gram Panchayat, Januna respectively visited the School and asked Bala Saheb as to why he came late in the School. Bala Saheb offered his explanation.