SANJAYKUMAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal is filed by the accused-appellant herein, challenging the judgment and order dated 29-11-2001 passed by the learned Additional Sessions Judge and Special Judge, Shahada in Other Sessions Case No. 16 of 2000 (Old O.S.C. No.258 of 1994).

(2.) The case of the prosecution can be briefly narrated as under :

(3.) It is alleged that all the accused not being members of either scheduled caste or scheduled tribe, intentionally insulted, with intent to humiliate, the complainant Sudam Suklal, his father Suklal Ahire and brother Hiraman Suklal Ahire, members of Scheduled Caste, in public place within public view, by giving them abusements in the name of their caste as "Sale, Chamar Mat Gaye hein". It is further alleged that all the accused voluntarily caused hurt to the complainant Sudam by giving him fist blows and by giving bite to his brother Hiraman. The accused gave them abusements in filthy language. It is alleged that accused No.3 by driving his vehicle through the articles used for the business of boot polish belonging to Suklal Ahire, caused him damage of more than Rs.50/-.