SHANKAR KONDIBA CHAVAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Present appeal has been filed by the original informant under Sec. 372 of the Code of Criminal Procedure and under Sec. 378(4) of the Code of Criminal Procedure to challenge the acquittal of respondent No.2 - original accused by learned Special Judge under the Atrocities Act/Additional Sessions Judge, Majalgaon, Dist. Beed on 30/12/2021 in Atrocity Special Case No.10/2018. Before we proceed, we would like to say that the Ss. appears to have been wrongly mentioned under which the appeal has been preferred. There is a specific provision under the Atrocities Act i.e. Sec. 14-A which provides for filing of appeal to challenge any order, judgment passed under the said Act. Therefore, the present appeal ought to have been filed under the said Sec. . Mentioning of wrong Sec. does not affect the right of the appellant and, therefore, the appeal is considered under the said provisions.

(2.) Heard learned Advocate Mr. P.A. Bharat for appellant and learned APP Mr. S.J. Salgare for respondent No.1, at the stage of admission and perused the evidence which was before the learned Trial Judge.

(3.) The prosecution story, in short, is that the informant Shankar Kondiba Chavan is the brother of deceased Shahadeo. Informant lodged First Information Report with Wadwani Police Station stating that around 9.00 a.m. of 20/7/2018 he had received phone call from one Rama Tangde of Kanhapur informing that somebody has assaulted Shahadeo and he is lying near the bridge. Therefore, Shankar went to the said bridge and saw his brother. He asked his brother as to what has happened, then, Shahadeo told him that he was beaten by Balu Prabhakar Thorat i.e. original accused, who hails from their village, around 9.30 p.m. on 19/7/2018 on the said bridge as he had refused to give money to accused for drinking liquor. It was told that the accused has assaulted him by means of stone on his chest and head. Shahadeo was lying at the said spot whole night. Informant thereafter called his brother-in-law and they took Shahadeo to Government Hospital, Wadwani. After examining him Doctor told that he should be taken to Government Hospital, Beed. Accordingly, they had taken at that hospital, where Shahadeo was admitted in ICU. However, around 11.15 p.m. on 20/7/2018 Doctor declared him dead.