(1.) This is an appeal impugning an order and judgment dated 28.7.2004 passed by the 4th Adhoc Assistant Sessions Judge acquitting the respondents (accused) of offences punishable under Section 3(1) (x) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act (SC & ST Act), section 7(1)(d) of Protection of Civil Rights Act and sections 143, 147 (Punishment for rioting), 149 (Every member of unlawful assembly guilty of offence committed in prosecution of common object) read with section 323 (Punishment for voluntarily causing hurt), 149 read with section 427 (Mischief causing damage to the amount of fifty rupees) and 504 (Intentional insult with intent to provoke breach of the peace) of the Indian Penal Code vide section 232 of Criminal Procedure Code.
(2.) As nobody was representing the original complainant as well as the accused, this Court by an order dated 3.3.2020 appointed Ms.Apurva Gupte as counsel to represent the respondents. Before I proceed with the case, I must express my appreciation for the assistance rendered and endeavour put forth by Ms.Apurva Gupte.
(3.) It is prosecution's case that both the accused along with other accused in connected Session Case No.34 of 2004 formed unlawful assembly and committed riot and in furtherance of common object of unlawful assembly punched and kicked complainant Prakash Baburao Narandekar (PW-5) resulting in multiple injuries to PW-5. It is also alleged that at that time accused also intentionally insulted PW5 a member of the scheduled caste (Hindu Mahar) in public view.