STATE OF MAHARASHTRA Vs. SIDDHARATH @ VIJAY BHOSALE

JUDGEMENT

(1.) This Criminal Appeal has been preferred by the Appellant-State against the judgment and order dated 10th February, 2000 passed by the learned Additional Sessions Judge, Greater Mumbai in Sessions Case No. 409 of 1985 whereby respondents/accused were acquitted of the charges under Sections 307 r/w 34 of the Indian Penal Court (for short "IPC"). However, while granting the leave to appeal, this Court ( Coram : Vishnu Sahai And D.S. Zoting JJ.) was pleased to grant leave to appeal only against Respondent No.1/Accused No.1.

(2.) Briefly stated the prosecution case is that at the relevant time the informant was serving in Godrej Soaps Limited, Vikhroli (East) as a helper. His father was also working as a watchman in the Godrej and Boyce Manufacturing Company Private Limited, Vikhroli. According to prosecution there was only one labour union under the name of "All India Godrej Soaps Federation Limited". The Management Committee of the said union had decided to bring Bhartiya Kamgar Sena as a Labour Trade Union and so on 10th of July, it being a payment day, informant and the other members took membership fees of Rs.15/- each from the workers and were noting the names of the members on the separate paper as they wanted to see how many members were interested to bring the said union.

(3.) The prosecution next contended that accused Vijay Bhosale (A-1), also a worker of the company, noticed their activities and informed Shri. Kotwal, General Factory Manager of the company, who summoned informant and took over the paper on which the names of the workers were written. The prosecution alleged that even A-1 and two other workers had been to informant and threatened him with assault because of collection of fees in the company premises.