ASHOK HARI CHAVAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD Mr. K. G. Navandar, Sr. Counsel appearing on behalf of the petitioner [appellant accused] and Mr. V. B. Ghatge, learned APP for the respondent - complainant.

(2.) THIS Criminal Revision Application is directed against the judgment and order passed in Criminal Appeal No. 59/1991, dt. 21/7/1992, whereby, conviction of the appellant accused, ordered by Judicial Magistrate First Class, Jalgaon in Summary Criminal Case No. 576/1991, is maintained. A Summary Criminal Case No. 576/1991 was filed against the appellant accused under Section 85[1] of the Bombay Prohibition Act. By judgment and order dt. 22/10/1991, the 5th Judicial Magistrate First Class at Jalgaon, convicted the appellant - accused for offence punishable under Section 85[1] of the Bombay Prohibition Act and sentenced him to suffer R. I. for seven days with a fine of Rs. 400/-, in default to suffer further R. I. for one month. The said judgment and order was challenged in Criminal Appeal No. 59/1991, which came to be dismissed by the Sessions Judge, Jalgaon by order dt. 21/7/1992 and therefore, this Criminal Revision Application was preferred by the appellant - accused.

(3.) FROM the Medical Certificate [exh. 14], CA Report [exh. 15] and evidence of the Panch Witness [exh. 17], it is established that the appellant accused had consumed liquor. In order to establish an offence under Section 85[1] of the Bombay Prohibition Act, two ingredients are required to be proved by the prosecution viz. [1] that the accused was under the influence of liquor and [2] that he behaved in disorderly manner, apart from the fact that the place of incident is to be a street or thoroughfare or public place where the public have access. The evidence before this court is to the effect that Shriram Shankar Chavan [pw 1] has stated that on 3/8/1990, he was present at the Police Hqrs. for taking attendance of Police Constables at 8. 35 p. m. and he noticed that the appellant - accused was shouting loudly and was asking for leave to the RSI Shri. Phagle. The appellant - accused was under the influence of liquor. Therefore, the appellant - accused was sent to Jilha Peth Police Station along with the complainant. Bhaskar Yadav Wagh [pw-2] stated that the appellant - accused came in front of the complainant and RSI Phagle for taking leave and at that time, he was shouting loudly under the influence of liquor. RSI Phagle and the complainant directed him to approach RPI S. S. Chavan, however, the appellant - accused was abusing and was behaving in disorderly manner. Pundlik Sukha Mali [pw 6] has also corroborated the testimonies of the above witnesses. The main witness, the complainant, Dinkar Sonawane [pw 7], has stated that on the said date and time, the appellant - accused came in front of his table under the influence of liquor and he started abusing him in the name of mother and sister loudly. On hearing such abuses, RPI S. S. Chavan and RSI Phagle came from another room. The appellant accused also abused them. The appellant - accused was asking for leave. He was directed to seek permission from S. S. Chavan, RPI.