STATE OF MAHARASHTRA Vs. SANTOSH RAGHUMATH POL

JUDGEMENT

(1.) The State of Maharashtra has preferred this Appeal under Sec. 378(3) of Code of Criminal Procedure, challenging the judgment and order dtd. 2/1/2008, passed by Ad-hoc District Judge-II, Sangli, acquitting the accused of the offences punishable under Ss. 3(1)(x) of The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 ("SC-ST Act', for short) and Sec. 7(1)(d) of Protection of Civil Rights Act, 1955.

(2.) Vide order dtd. 12/3/2009, leave to prefer Appeal against the judgment of acquittal was granted by this Court confned to respondent nos.1 and 3 (accused nos.1 and 3).

(3.) The brief facts of the prosecution case are as under: The complainant (P.W.3) was a member of college viz. Bharti Vidhyapeeth Prashala and Junior College, Kotij. On 15/8/2006, fag hoisting ceremony was conducted in the school. After the fag hoisting ceremony, the school/junior college had conducted programme. Complainant was on the stage. Some people from village Kotij came to school and requested complainant to attend fag hoisting ceremony of Gram Panchayat along-with students. The complainant stated that school programme had been fxed for about two hours and he is unable to attend fat hoisting programme of Gram Panchayat along-with students. The people from the village went away. After some time, the villagers again came at the school/college premises. They came up on the stage and spoke to the complainant. The complainant informed them that after fnishing the programme, he would talk to them. The accused abused the complainant by referring to his caste. They caught hold ofhis collar and pulled him from the chair, and, assaulted him with fst and kicks. This was witnessed by the students and other members of staff. The assailants were taken away from the stage. The complainant approached the police and lodged the complaint. First Information Report ("FIR', for short) was registered for the aforesaid offences. Pursuant to registration of FIR, the investigation offcer visited the spot and recorded spot panchanama. Accused were arrested. Statements of witnesses were recorded. On completing investigation, charge-sheet was fled.