SANJAY Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal is directed against the judgment and order, dated 28.2.2001, rendered by the learned Additional Sessions Judge, Nilanga in Sessions Case No. 10 of 2000, thereby convicting the appellant herein i.e. original accused no.1 for the offence punishable under Section 354 of the Indian Penal Code and sentencing him to suffer R.I. for one month with fine of Rs.300/, in default of payment of fine to suffer further R.I. for seven days; and also convicting him for the offence punishable under Section 323 of the Indian Penal Code and sentencing him to suffer S.I. till rising of the court with fine of Rs.50/and for non payment of fine amount further to suffer S.I. for one day, and also directing that both the substantive sentences to run concurrently, and the appellant herein questioned the said convictions and sentences in the present appeal.

(2.) In fact, the appellant herein (original accused no.1) and his wife, namely Kachrubai i.e. original accused no.2 faced the trial for the offences punishable under Sections 354, 324 and 323 of the Indian Penal Code, on the accusations that accused no.1, namely Sanjay i.e. appellant no.1 herein allegedly used criminal force against aggrieved woman Ambikabai with intent to outrage her modesty and also voluntarily caused hurt to her by means of piece of sugar cane; whereas original accused no.2, namely Kachrubai has voluntarily caused hurt to said victim Ambikabai by means of teeth bite, and original accused no.1 i.e. appellant herein came to be convicted and sentenced as afore stated; whereas original accused no.2, although convicted for the offence punishable under Section 324 of the Indian Penal Code, but instead of sentencing her at once to any punishment, it was directed that she be released on her entering into a bond of Rs.3,000/to appear and receive sentence when called upon, for the period 28.2.2001 to 27.2.2002 and in the mean time, she was directed to keep peace and observe good behaviour.

(3.) Since, the appellant herein, namely Sanjay allegedly assaulted Ankush i.e. son of the victim woman, namely Ambikabai on 21.1.1996, Ambikabai went to the field of Keshav Zarkar, master of accused no.1, situated at village Dongargaon on 22.1.1996 at about 10.00 a.m. and questioned the appellant, namely Sanjay, who was accompanied with his wife i.e. accused no.2 Kachrubai, why he assaulted her son, namely Ankush, but thereupon the appellant herein caught hold of her breast and manhandled her. Hence, Ankush intervened and pushed the appellant herein and thereby the appellant fell and sustained invisible injuries. However, accused no. 2 Kachrubai rushed towards Ambikabai and voluntarily caused hurt to her by means of piece of sugarcane and also caused hurt to Ambikabai by teeth bite. Hence, said Ambikabai went to police station Shirur Anantpal and lodged the first information report on the same day i.e. 22.1.1996, which came to be registered on 23.1.1996 at 8.35 a.m. and offence was registered against the accused persons vide C.R. No. 10 of 1996 under Sections 354, 324, 504 r/w 34 of the Indian Penal Code and thereafter they went to the hospital at Sakol, where the Medical Officer examined her and Ankush and gave treatment to them. The appellant herein Sanjay also lodged report against Ambikabai, Ankush and three others raising accusations against them in respect of the commission of the offences of rioting and intentional insulting to them on their caste i.e. Mahar and causing hurt to them and the said cross case pertained to the offences punishable under Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, besides the other offences under the Indian Penal Code, and therefore, the said case was committed to the court of Sessions and since it arose out of the same incident, it also was committed to the court of Sessions.