ABAJI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS appeal is filed challenging the judgment and order dated 28- 10-1999 passed by the Special Judge, Nanded in Special Case No. 12/1996, thereby convicting the appellants for the offence under Section 3(1)(xiv) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and appellants are sentenced to suffer S.I. for 6 months and to pay fine of Rs.100/- each, in default of payment of fine, each of the appellant has to suffer further SI for one month.

(2.) BRIEF facts of the prosecution case are as under :- Admittedly, all the nine accused persons are not the members of scheduled caste or scheduled tribe. Complainant Venkati, PW- 2/Nagorao, PW-3/Muktabai, PW-4/Pandurang, PW-5/Govind, PW-6/Gangabai, PW-7/ Dhondyabai, belong to scheduled caste. Undisputedly, on 30-04-1992 the village celebrated Dr. Babasaheb Ambedkar Jayanti at village Khatgaon. A procession was arranged on the eve of Dr. Ambedkar Jayanti. The prosecution reached in front of Grampanchayat Office. Some of the boys belonging to scheduled caste were playing Lezim in the procession. According to the prosecution, accused Sripta, Parbat, Manika and Ananda tried to bring obstruction in the procession. However, the procession proceeded further and the function was over peacefully.

(3.) IT appears from the record that JMFC, Mukhed was pleased to commit this case to the Court of Sessions as the offences registered against the accused persons are exclusively triable by the Special Court.