SEKHARAM DAMA SAPATYA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appellants are original accused Nos. 1, 2 13, 16 and 21. They have preferred the present appeal seeking to challenge an order of conviction and sentence passed against them on 30th of January, 1986 by the learned 6th Additional Sessions Judge, Thane in Sessions Case No. 79 of 1984. By the said order they have been convicted under various counts. Accused No. 1 is convicted under sections 347, 353 read with Section 149 and Section 333 of the Indian Penal Code. For the offence under Section 147, I. P. C. he has been sentenced to suffer rigorous imprisonment for six months and to pay a fine of Rs. 100/-, in default to suffer further rigorous imprisonment for one month. For the offence under Section 353 read with section 149, I. P. C. he is sentenced to suffer rigorous imprisonment for nine months and to pay a fine of Rs. 200/- in default to suffer further rigorous imprisonment for two months. For the offence under Section 333 he has been sentenced to suffer rigorous imprisonment for one year and to pay a fine of Rs. 300/-, in default to suffer further rigorous imprisonment for three months. Accused Nos. 2, 13, 16 and 21 have been convicted under sections 147 and 353 read with section 149 of the Indian Penal Code. For the offence under section 147, I. P. C. each of them has been sentenced to suffer rigorous imprisonment for six months and to pay a fine of Rs. 100/-, in default to suffer further rigorous imprisonment for one month. For the offence under Section 353 read with section 149, I. P. C. each of them has been sentenced to suffer rigorous imprisonment for nine months and to pay a fine of Rs. 200/-, in default to suffer further rigorous imprisonment for two months.

(2.) AT the trial, 22 accused were charged under sections 147, 148, 149, 325, 353 read with section 34 and section 333, I. P. C. for having, on the 28th of August, 1983, at about 4. 00 p. m. alongwith 35 to 40 others, at Shivram Reserve Forest Compartment No. 253 in village Dhanivari, Dahanu on Bombay Ahmedabad road, near 407/6 k. m. pillar, with a common intention to rescue accused No. 16 from the lawful custody of forest officers used force and violence in prosecution of the common object of the unlawful assembly. The accused were armed with deadly weapons like sticks and stones. They wrongfully restrained the forest officer from performing their official duties. They attacked the forest officers, causing grievous hurts to them.

(3.) THE case of the prosecution is that at the aforesaid material time a mobile squade of the forest department was patrolling in order to find out if there was any illicit cutting of forest wood going on. The Forest Officers came there by a forest jeep MXY 6176. They parked the jeep on the high way and entered the forest compartment No. 253. They heard sound of cutting of trees. They proceeded in that direction and found that one tree was cut down and, three-four persons were cutting the branches of that tree. Before they could reach all, except accused No. 16, made good their escape. The officers however, succeeded in apprehending accused No. 16. They started proceeding towards their jeep with accused No. 16. When they came near the high way a mob of 60 to 70 persons gathered there. The mob started hitting sticks on the forest jeep. Hence, the jeep driver Kalpande ran away with that jeep. The persons in the mob were insisting upon releasing accused No. 16. They started pelting stones on the forest officers. Accused No. 1 and accused No. 21 were armed with sticks. Both of them assaulted the forest officer, P. W. 2 Chandrashekhar Patange, by those sticks. Due to pelting of stones some of the forest officers, which include P. W. 3 Balkrishna Keni, P. W. 5 Ramachandra Tumbada and P. W. 6 Bharat Mahale sustained injuries. When Mahale sustained injuries accused No. 16 rescued himself from Mahale and joined the mob and started pelting stones on the aforesaid forest officers. The complainant P. W. 1 Trimbak Chavan stopped one truck on the high way and removed the injured to the hospital. He thereafter proceeded to Kasa Police Station by another truck and lodged his complaint (Exhibit-32) complaint was recorded by Sub-Inspector Mahale. P. S. I. Mahale registered the offence and handed over the investigation to P. W. 9 Jamadar Awatade. Jamadar Awatade drew the panchanama of the offence (Exhibit 40) and attached certain articles that included a sickle, stone etc. He also drew a panchanama (Ext. 41) in respect of the tree which was cut-down by accused No. 16 and others. Investigation was, thereafter, taken over by the P. S. I. Rajput, who after completing the investigation filed the charge-sheet against all the accused.