STATE OF MAHARASHTRA Vs. GANESH NARAYAN SHETTY

JUDGEMENT

(1.) THIS appeal filed by the State brings in question the acquittal order passed by the learned Additional Sessions Judge at Greater Bombay in Sessions Case No. 87 of 1982. The accused were charged of offences punishable under sections 147, 148, 436 read with sections 511 and 149, section 324 read with section 149, section 506 (ii) read with section 149, section 302 read with section 149 all of Indian Penal Code and in the alternative under section 436 read with sections 511 and 34, section 324 read with section 34, section 506 (ii) read with section 34 and section 302 read with section 34 all of the Indian Penal Code.

(2.) THE prosecution case could be summarised as under. THE nine accused as well as the 10th absconding accused were unemployed youths and were known to be creating nuisance to the residents of Municipal Chawl and Agri Chawl located at Calicut Street, Fort, Mumbai. THEy had allegedly come to know that a complaint signed by about90 residents of the said locality against them was forwarded to the Chief Minister, Maharashtra and was a subject matter of investigation by the police authorities. On 24th October 1981 at about8. 30 p. m. Chandrakant Pawar (PW-4) was standing on the foot-path of Shahid Bhagatsingh Road and accused Nos. 3, 7 and 9 came on a scooter, they stopped near Chandrakant Pawar (PW-4) and questioned him whether he wanted to be a leader. This questioning was allegedly related to the written complaint having been submitted to the Chief Minister at the instance and initiative of Chandrakant Pawar (PW-4) along with others and on this pretext, it was alleged that, these accused started assaulting him. Within a few minutes Ashok Pawar (PW-5) and Arun Pawar (PW-6) came there and tried to intervene, but suffered assault at the hands of the said accused. N. C. complaint in respect of this incident came to be registered with the Palton Road Police Station (Exh. 38 ). THE injured. PW-4 and PW-6, were sent to St. George's Hospital and after first-aid they were allowed to go home. Statement of PW-4 was recorded on 7th January 1982.

(3.) ACCUSED No. 6 came to be arrested on 30th October 1981. ACCUSED No. 9 was arrested on 3rd November 1981. ACCUSED No. 1 was arrested on 28th October 1981. ACCUSED Nos. 2, 3, 4 and 5 were arrested on 29th October 1981 and accused Nos. 7 and 8 were arrested on 31st October 1981. Identification parade was held by Special Executive Magistrate (PW-12) on 3rd November 1981 and PW-5, PW-6 and PW-7 had identified the accused Nos. 3, 4, 5 and 8The articles recovered were sent for chemical analysis and the C. A. report (Exh. 111) was also received. In the meanwhile, charge sheet was filed on 25th January, 1982 in the Court of the Addl. Metropolitan Magistrate, 23rd Court Bombay and the case was committed to the Court of Sessions on 28th February 1982.