SUNIL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Present appeal has been filed under Sec. 14-A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act , 1989 (hereinafter referred to as the "Atrocities Act") by accused Nos.1 and 3 as per the FIR to challenge the order below Exhibit-04 in Special Case No.20 of 2023 by learned Special Judge, under the Atrocities Act/Additional Sessions Judge, Dhule dtd. 12/4/2023, thereby rejecting their bail application under Sec. 439 of the Code of Criminal Procedure. Both the accused have been arrested in connection with Crime No.319 of 2022 registered with Mohadinagar Police Station, Dist. Dhule for the offences punishable under Ss. 302 , 324 , 323 , 504 , 506 read with Sec. 34 of the Indian Penal Code and under Ss. 3(1)(r)(s) and 3(2)(v) of the Atrocities Act. Both the accused came to be arrested on 27/11/2022. The incident is stated to have taken place between 8.00 to 8.30 p.m. on 26/11/2022. The FIR is lodged by present respondent No.2, who is the brother of the deceased as well as eye witness-cum-injured.

(2.) Heard learned Advocate Mr. Chaitanya C. Deshpande for the appellants, learned APP Mr. S. J. Salgare for respondent No.1 - State and learned Advocate Mr. V. P. Raje for respondent No.2.

(3.) The prosecution story in short is that the FIR came to be lodged on 27/11/2022 by present respondent No.2. It was stated that informant resides with his mother, grandmother, wife and his younger brother resides adjacent to his house along with his wife and two children. All the accused persons are known to him as they are from the same area. When informant Ajay and his friend Zakir Pinjari were near Rokdoba Mandir, chitchatting with each other at about 8.00 to 8.30 p.m. on 25/11/2022, accused Sagar and Dinesh (present appellant No.2) went there and told both of them that they should not sit at that place and come near the temple. If they are spotted, then their legs would be cut. At that time, appellant No.2 had assaulted Zakir with fists and hands. When informant tried to intervene at that time both the accused threatened him. On the next day, accused Sunil i.e. appellant No.1 came near the house of informant around 8.00 to 8.30 p.m. and started abusing in the name of caste. He gave threat to the informant stating that why he had quarreled with his brother, when he was along with Zakir. Informant had tried to convince him and took him near the Rokdoba Mandir at a distance of about 100 meter, at that time, accused Sagar came and abused informant in the name of caste. Accused Sunil and Sagar both had assaulted informant with hands. Then their younger brother Bablu came with appellant No.2. They also assaulted informant with fists. After hearing the noise of quarrel, the younger brother of the informant by name Amol and mother Shobhabai came to rescue informant, at that time, accused Sagar took out knife from his pant's pocket and assaulted on the nose of informant's mother. He then stabbed Amol near his left ear and left thigh as well as the blow of the knife was given on the head of Zakir Pinjari. After the accused persons saw that the thigh of the injured Amol was profusely bleeding, they fled away. Amol went running towards the house in injured condition and, thereafter, the informant and his family members took him to Civil Hospital, Dhule. While undergoing treatment, Amol expired and, thereafter, informant went to police station and lodged the report.