STATE OF MAHARASHTRA Vs. SATISH DATTATRAY ATOLE

JUDGEMENT

(1.) This is an appeal impugning an order and judgment dated 23- 02-2004, passed by the 1st Adhoc Assistant Sessions Judge, Baramati, acquitting respondents (accused) of the offence punishable under Sections 143 (punishment for unlawful assembly), 147 (punishment for rioting), 504 (intentional insult with intent to provoke breach of the peace) and 506 (punishment for criminal intimidation) of Indian Penal Code and under Section 3(1)(X) of the Scheduled Castes and Scheduled Tribes ( prevention of Attocities) Act 1989 (SC and ST Act).

(2.) At the outset, since one of the offence charged was under the SC and ST Act, and the original complainant (PW-1) has not been appearing, the court appointed Ms Apurva Manwani as counsel for the original complainant pursuant to an order dated 21-2-2020. Similarly, as respondents were also not been represented, the court appointed Mr. Saif Dingankar as counsel for respondent. Before I proceed with the case, I must express my appreciation for the assistance rendered and endeavour put forth by Ms Manwani and Mr. Dingankar, for it has been of immense value in rendering the judgment.

(3.) The prosecution's case is that on 10-4-2001, there was a fair in the village Khandaj, Baramati. Complainant - Uddhav Nivrutti Kamble (PW- 1) belongs to Hindu Mahar caste, which is a scheduled caste. The accused belongs to Hindu Dhangar community, which is not a scheduled caste or scheduled tribe. Complainant's son - Rajendra Kamble (PW-2) participated in a wrestling match at village fair and won the match. In his excitement, PW-1 ran into the arena to lift PW-2. At that time, the accused who had come to witness the wrestling match, shouted at PW-1 stating 'Mahardya why did you entered in the wrestling place ?' Which accused said that is not specified. According to complainant (PW-1) that amounted to intentional insult made with an intention to humiliate him, a member of scheduled caste and as it was made in public view, it amounts to an offence punishable under Section 3(1)(x) of SC and ST Act.