BHIKA BHAGUJI KHAKAL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellants are the original accused Nos.1 to 13 in Special Atrocity Case No.3/2013 before the Special Court at Niphad, District-Nashik. Learned Trial Judge vide his judgment and order dtd. 13/7/2016 convicted all the appellants for commission of offences punishable under Ss. 143, 147, 354, 451, 323 read with 149 of IPC and sentenced them to suffer SI for four years each and to pay fine of Rs.10,000.00 each; and in default of payment of fine to undergo further SI for six months. The appellants were acquitted from the charges of commission of offence punishable under Sec. 506 read with 149 of IPC and under Sec. 3(1)(x)&(xi) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as the 'Atrocities Act'). The appellants have challenged this judgment and order in the present appeal.

(2.) Heard Shri Vikas Shivarkar, learned counsel for the appellants, Shri S.R. Agarkar, learned APP for the respondentState and Shri Jayendra Khairnar, learned counsel for the original informant & her husband.

(3.) Before proceeding to discuss the facts in this appeal, it is necessary to mention that learned Advocate Shri Khairnar has filed I.A No.4235/2022 in the present Criminal Appeal No.495/2016 on behalf of the first informant and her husband. In this application, it is mentioned that the appellants and the applicants in this particular interim application have settled their disputes. There is a reference to R.C.C. No.46/2012 before the J.M.F.C.. Chandwad, Nashik arising out of C.R. No.21/2012 registered at Chandwad police station in respect of the same incident which is subject matter of the present appeal. In that particular case, the informant and her husband were the accused along with eight other accused. That counter-FIR was filed by the wife of the appellant No.1. Pursuant to the compromise between the parties that particular case was quashed by a Division Bench of this Court vide order dtd. 19/1/2023 passed in Criminal Writ Petition No.324/2023. In short, the contention of the informant and her husband in this case is that in view of the settlement even in this appeal, the appellants in this case be acquitted or in the alternative their sentence be reduced. Since the I.A. No.4235/2022 is preferred by the informant and her husband, I have referred to the submissions made by learned Advocate Shri Khairnar appearing for the first informant and her husband in the present case before me. However, I have considered the appeal independent of the submissions made by Shri Khairnar.