DHARMARAJ Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This criminal appeal takes exception to the judgment dated 15/9/2001 passed by the Special Judge, Designated Court under Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act and 1st Additional Sessions Judge, Nagpur in Special Criminal Case No. 52/1997 whereby the appellant came to be convicted for the offences punishable under Sections 324 and 323 of Indian Penal Code and sentenced to suffer rigorous imprisonment for one month and to pay fine of Rs. 300/- and in default of payment of fine, to undergo simple imprisonment for eight days for the offence punishable under Section 324 of Indian Penal Code and to suffer rigorous imprisonment for fifteen days and to pay fine of Rs. 200/- and in default of payment of fine, to undergo simple imprisonment for eight days for the offence punishable under Section 323 of Indian Penal Code. Briefly, it is the case of prosecution that on 10/2/1997 at about 7.30 p.m. complainant Machhindra, who was tenant of the accused, was subjected to assault as accused was insisting Machhindra to vacate the house, which was occupied by him as a tenant. It is the case of the prosecution that on the day of the incident, accused arrived at the house of the complainant and beat him by stick, due to which he sustained injuries on his both legs, chest and head, which incident was intervened by P.W. 2 Mainabai, who was grandmother of Machhindra's wife. It is also the case of the prosecution that in the course of the said action, accused also assaulted P.W. 2 Mainabai by stick. Machhindra was brought to Police Station, Ambazari by his wife and thereafter was referred for medical treatment. He was indoor patient in a Hospital till 13/2/1997. According to the prosecution, as the medical reports of Machhindra were awaited upto 30/9/1997, offences came to be registered on that date on the basis of the complaint lodged on 10/2/1997 vide Crime No. 282/1997. On completion of investigation, charge-sheet was filed for the offences punishable under Sections 324 and 325 of Indian Penal Code and Section 3(1)(xv) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

(2.) Charges were framed against the accused, to which he did not plead guilty and claimed to be tried. The defence of the accused was of total denial. Considering the evidence on record, the learned Special Judge convicted the accused as stated above, however, acquitted him for the offence punishable under Section 3(1)(xv) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

(3.) Heard Shri Patwardhan, learned Counsel for the appellant/accused and Shri Ahirkar, learned Additional Public Prosecutor for the respondent. To effectively evaluate the submissions advanced by the learned Counsel for both the sides, I have scrutinized the evidence with their assistance.