STATE OF MAHARASHTRA Vs. NANAJI KALU JADHAV

JUDGEMENT

(1.) Order of acquittal dated 13th January, 1977 passed by the learned Sessions Judge, Dhule, in Sessions Case No. 67 of 1976, in which the accused stood charged for offence under section 14(g)(ii) of the Bombay State Reserve Police Force Act, 1951 (hereinafter the said Act), is challenged in this appeal against the same by the State.

(2.) At the relevant time (October 1973), the accused was one out of five constables under a Head Constable manning a check post at Jawda in Shahada taluka of Dhule District with a view to curb illegal export activities relating to cotton and foodgrains outside the State of Maharashtra. The Head Constable at the said time in charge of the aforesaid check post was one Sarode. This party was on duty from 14th October, 1973. On 25th October, 1973, the accused received information that his son, a one year old boy, suffered an accident by falling down from a staircase and injuring himself. On receiving this information, the accused requested Head Constable Sarode for permission to go and visit his son. The accused thereafter went. Some time thereafter, in the evening of 25th October, 1973, the Company Commander one Abbaskhan Pathan reached the aforesaid Jawda check post. The accused was found absent. The Commander was at the said check post till the morning of the next day 26th October, 1973. The accused had, however, not returned till that time. The commander made a report exhibit 6 in that behalf. Later on, Commander Abbaskhan lodged on 9th January, 1974 a complaint exhibit 9 (vide Crime No. 7 of 1974) against the accused under section 14(g) of the said Act. After completion of investigation and after obtaining sanction, the accused was charge sheeted before the Court of the Judicial Magistrate, First Class, Shahada, on 21st February, 1974 and he was, in due course, committed to stand his trial before the Court of Session.

(3.) Case against the accused was that he was guilty of offence punishable under section 14(g)(ii) of the said Act, in as much as he had desorted his duty and post at the relevant time. The accused pleaded not guilty. He submitted that he had in fact taken permission of Head Constable Sarode in charge of the Jawda check post and realising the gravity of the situation, Sarode had granted him permission to leave his post with instructions to return immediately. The accused also submitted that he had later on also contacted his own commandant and had explained to him the circumstances and the situation in which he had to leave. The commandant had then issued oral directions to be communicated to the Company Commander Abbaskhan to permit the accused to resume his duties. The accused submitted that he was falsely charged. It is also the submission of the accused that the prosecution was, even otherwise, bad in law. The accused claimed to be acquitted.