STATE OF MAHARASHTRA Vs. BALKRISHNA EKNATH SALVI

JUDGEMENT

(1.) THROUGH this appeal, the appellant-State is challenging the judgment and order dated 26th November 1986 passed by the learned Sessions Judge, Ratnagiri in Sessions Case No. 59 of 1985. By the said judgment an order, the Respondents i.e. original accused nos. 1, 2, 4 to 7, 9, 13, 17, 20, 22, 25, 32, 34, 37, 44, 53, 55 and 57 have been acquitted of the offence under sections 143, 147, 149, 336, 337, 426, 427, 436, 504, 457 and 506 read with 34 of IPC.

(2.) AS per this Court's order dated 27th July 1987, this appeal came to be dismissed against the respondent nos. 3 to 11, 13 and 19 and the appeal was admitted against the respondent nos.1, 2 and 12 only and hence this appeal is restricted to respondent nos.1, 2 and 12 only.

(3.) IT is further the evidence of the prosecution that after sometime the entire mob marched towards the property of Suhas Deokar (P.W.4). Suhas Deokar happened to be the licence holder to run a liquor business. It is further stated by the prosecution that Suhas and Complainant belong to one political party. They had contested the Gram Panchayat Election from one panel. Their panel was totally defeated. The complainant had parked his bullet motorcycle bearing No. MXC-330 in the open courtyard of the shop of witness Suhas Deokar. The mob after pelting stones at the property of Suhas Deokar had set the motor cycle of fire. It is alleged that respondent no. 12 happened to be the main person responsible for setting fire to the motorcycle. The mob forcibly opened the outer door of shop of Suhas Deokar and entered. They destroyed the liquor bottles, Soda-water bottles etc. therein and caused damage to the property totaling to Rs. 7000/-. When the incident was going on, the police appeared at the scene of offence. On appearance of the police at the scone of offence, all the accused persons ran away from the said place. Thereafter, the F.I.R (Exhibit-89) came to be recorded. On the strength of the said F.I.R. filed by the complainant Rajaram Bamane (P.W.2), the offence cams to be registered against the accused under sections 143, 147, 149, 336, 337, 426, 427, 435, 504, 506 and 326 of IPC. Thereafter, the investigation proceeded. The accused persons came to be arrested and on completion of investigation, the charge sheet was filed.