GOPAL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal takes an exception to the judgment and order dated 07.05.2008 delivered by the learned Adhoc Additional Sessions Judge-1, Akola in Sessions Trial No. 30/2007, thereby convicting the appellant (hereinafter referred to as "the accused" for the sake of brevity ) for the offence punishable under Section 7(1)(d) of the Protection of Civil Rights Act and for the offence punishable under Section 506 of the Indian Penal Code . For the offence punishable under Section 7(1)(d) of the Protection of Civil Rights Act, the accused was sentenced to suffer rigorous imprisonment for the period of one month and to pay a fine of Rs.500/- and in default to pay the fine amount, sentenced to suffer rigorous imprisonment for 10 days. Whereas, for the offence punishable under Section 506 of the Indian Penal Code, he was sentenced to suffer rigorous imprisonment for the period of one month and to pay a fine of Rs.1,000/- and in default to pay the fine amount, sentenced to suffer rigorous imprisonment for 10 days. Both the sentences were directed to run concurrently.

(2.) The prosecution case in nutshell can be summarized as under:

(3.) On the basis of the said complaint, PW7-DY.S.P Avinash Ambhore registered the offence vide Crime No.3087/2006 at Police Station against the accused. On 06.12.2006, PW5-DY.S.P. Prabhakar Satam visited the place of incident and prepared spot panchnama (Exh.33). He then recorded the statement of witnesses. After completing the formal investigation, charge-sheet came to be filed in the Court of Judicial Magistrate First Class and the case was committed to the Court of Sessions. The learned trial Judge after recording the evidence and hearing both the sides convicted the accused, as aforesaid.