BHIMA AMBU Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appeal is by the accused against the order of conviction and sentence. The review is by the State for enhancement of sentence. The facts leading to the prosecution are as follows.

(2.) The prosecution witnesses and accused No. 3 are employees of Gabriel India Company. Accused No. 5 was an ex-employee. There was only one trade union by name Bharatiya Kamgar Union which was dominated by Shiv Sena. On 23-2-1971, there was to be some celebration on account of the 10th Anniversary of the Company. The trade union had given a call for the boycott of the ceremony and asked the workers to obtain from work. The prosecution witnesses and the complainant Vaiday did not pay any heed to the call. They attended the shifts which started at 6.45 a.m. on that morning. They were free at 3.15 p.m. They went by the company bus to the Mulund Railway Station. When they got down at the Railway Station accused No. 5 made some signal to persons who rushed at the prosecution witnesses. Accused No. 2 hit him with a wooden box. The other prosecution witnesses were also assaulted. Accused Nos. 1 to 3 were apprehended by the prosecution witnesses and taken to the Mulund Police Station where the First Information of Vaidya was recorded.

(3.) According to the First Information, the five accused and others had assaulted the complainant Vaidya and other persons, including the prosecution witnesses. Accused No. 4 surrendered at the Police Station on the same day. Accused No. 5 was arrested subsequently on 29-3-1971.