PANDURANG Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant herein was tried by the Special Judge, Beed for an offence punishable under Section 325 of I.P.C. in Sessions Case No. 53 of 1998 and by his judgment and order dated 25th June, 1999 convicted the appellant for the said offence and sentenced him to undergo R.I. for three months and to pay a fine of Rs.500/-, in default, to undergo R.I. for 15 days. Being aggrieved by the conviction and sentence awarded by the trial Court, the appellant has challenged the same in this appeal.

(2.) The prosecution case, in brief, is as follows:

(3.) It is the case of the prosecution that the present appellant abused the P.W.1 Murlidhar on his caste. The complainant P.W.1 Murlidhar belongs to Matang community which is scheduled caste, while accused Pandurang belongs to Maratha community and is not a member of Scheduled Caste and Scheduled Tribes. Accused / appellant Pandurang then beat Murlidhar with iron rod, gave one blow on thigh and other blow on palm. Babasaheb Bhosale then came there and rescued the complainant. Complainant was then taken to Civil Hospital, Beed for treatment. The P.W.2 doctor on duty examined P.W.1 Murlidhar and treated him. On the report of the P.W.1 Murlidhar Zhade, crime was registered and after necessary investigation, charge-sheet came to be filed before the Special Judge on 21.12.1998. The VII Asstt. Sessions Judge, Beed framed charge against the appellant / accused for the offences punishable under Section325 of I.P.C. and u/s 3(1)(x) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The accused pleaded not guilty to the charge and claimed to be tried, his defence was that of total denial and that he was falsely involved in the said crime.