BHANUDAS ALIAS BHANUPRATAPHONAJI GAJBHIV Vs. STATE OF MAHARASHTRA SHANTARAMSAKHARAM JONDHALE KUSUMBAI

JUDGEMENT

(1.) COMPLAINANT Bhanudas alias Bhanupratap s/o Honaji Gajbhiv, being dissatisfied with the order passed by the Additional Sessions Judge, Ahmednagar dated 5/3/1994 below Exh. 12 in Sessions Case No. 127/1993, filed present petition.

(2.) THE facts, in brief, leading to the present petition are that; According to the petitioner Original Complainant he is Hindu Mahar and belongs to Schedule Caste. He is carrying on business and running petrol pump at Shevgaon, in Gat No. 1127, Grampanchayat No. 2195 and also carrying on business of selling fertilisers. It is further claimed that the Respondents No. 2 and 3 i. e. Shantaram Sakharam and Kusumbai Shantaram Jondhale filed suit against the petitioner in respect of the property Grampanchayat No. 2195 wherein the petitioner carrying on business. It is further claimed that said suit is dismissed. The appeal filed by the Respondent No. 2 and 3 before the District Judge is also dismissed.

(3.) IT is claimed that the Respondents No. 2 and 3 had been to the office of Sub Registrar for making some changes in the documents in respect of the said property, however, the petitioner submitted written objection before the Sub Registrar. It is claimed that, the Respondents No. 2 and 3 at that time abused petitioner in filthy language and insulted him. It is also claimed that on 10/9/1991 at about 3. 00 to 3. 30 p. m. when the petitioner was at his petrol pump, Respondents No. 2 and 3 along with some others came there abused petitioner- original complainant on his caste, extended threats. Even on 14/9/1991 the Respondents again abused the petitioner on his caste. He has accordingly made report to the Police station on 14/9/1991 in respect of incident dated 10/9/1991 and 14/9/1991. Accordingly, police registered crime No. 35/1991 for the offence under Section 323, 504, 506 of Indian Penal Code and also for the offence under Section 7 (1) (3) of Protection of Civil Rights Act. Police Station Officer investigated above crime, recorded statement of witnesses, prepared spot panchanama. During the course of investigation caste certificate of the petitioner was also collected showing that he belongs to Scheduled caste (Hindu Mahar) and accordingly submitted charge sheet before the Judicial Magistrate (First Class ).