STATE OF MAHARASHTRA Vs. PANDURANG BABU PATIL

JUDGEMENT

(1.) This is an appeal impugning an order and judgment dated 27th February 2002 by which the Joint District Judge and Additional Sessions Judge, Thane, acquitted 7 persons, who were accused of offences punishable under Section 3 (1) (x) (intentionally insults or intimidates with intent to humiliate a member of a Scheduled Caste or a Scheduled Tribe in any place within public view) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (SC/ST Act) and under Section 147 (Punishment for rioting), 148 (Rioting, armed with deadly weapon), 323 (Punishment for voluntarily causing hurt), 504 (Intentional insult with intent to provoke breach of the peace), 506 (Punishment for criminal intimidation) read with Section 149 (Every member of unlawful assembly guilty of offence committed in prosecution of common object) or in the alternative, Section 34 (Acts done by several persons in furtherance of common intention) of Indian Penal Code (IPC).

(2.) Accused no.1 died on 25th January 2003 and accused no.7 died on 5th April 2006.

(3.) When the matter was called out yesterday, Mr. Suryawanshi mentioned that he has been briefed to appear on behalf of accused nos.2 to 6, who are respondent nos.2 to 6, and requested the matter be stood over to today so that he can consider the papers and assist the Court. Complainant also was present yesterday and stated that he has engaged services of an advocate and he gave the name of his advocate first as Mr. Rahul Singh and then corrected it to Mr. Rajesh Singh. Original complainant, who is PW-1, stated that his advocate was not present in Court. Complainant was told that the matter is stood over to today and his advocate should be here to argue the matter when the matter is called out. Complainant understood and said that he will keep his advocate present. Complainant was also given a liberty to take copies of any paper that he wanted from the Court's records and learned APP stated that if any papers are required, it may be taken from her also.