DATTA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Present appeal has been filed under Sec. 14-A(2) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act ,1989 (for short hereinafter referred to as "The Atrocities Act") to challenge order Exh.60 in Special Case No.146/2021 by learned Special Judge under the Atrocities Act/Additional Sessions Judge-5, Parbhani on 9/12/2022, thereby rejecting the said application which was filed by the present appellants under Sec. 227 and 239 of the Code of Criminal Procedure for discharge.

(2.) Heard learned Advocate Mr. M.P. Kale for appellants, learned APP Mrs. V.S. Choudhari for respondent No.1 and learned Advocate Mr. S.V. Dixit as well as learned appointed Advocate Mr. R.O. Awasarmol for respondent No.2.

(3.) It is vehemently submitted on behalf of the appellants that learned Special Judge erred in rejecting the said application as he failed to consider the facts of the case. The First Information Report was registered on the basis of statement of the respondent No.2 - informant when he was admitted in the hospital. The learned Advocate for the appellants has taken us through the contents of the First Information Report and he submits that if the contents are taken to be true, then five persons assaulting with wooden sticks and sword cannot suffer simple injuries. If we consider the Medico Legal Certificate dtd. 28/5/2021 in respect of examination of the informant around 10.30 p.m. on 24/5/2021 issued by the Medical Officer, General Hospital, Parbhani, then there are only two simple injuries; one is CLW over left parietal bone and second is contusion over left forearm. He further points out that as per the First Information Report, the first alleged incident had taken inside the house and, therefore, there is no question of attracting the offence under Sec. 3(1)(r) and 3(1)(s) of the Atrocities Act. He then says that he ran away from the house, he was chased by the accused and at a distance he was again assaulted. Though he says that the blood was oozing profusely, the medical certificate does not support it. Nobody has either witnessed or heard the alleged abuses in the name of caste. Further, the simple injuries cannot attract the ingredients of Sec. 307 of the Indian Penal Code. Therefore, the learned Special Judge ought to have discharged the appellants.