STATE OF MAHARASHTRA Vs. NIVARTI TULSHIRAM

JUDGEMENT

(1.) In Criminal Case No. 464 of 1979, thirteen accused, who are Respondents in this appeal, were prosecuted and tried for offences under section 295 read with section 34 of the Indian Penal Code and section 7 (i) (d) of the Protection of Civil Rights Act, 1955. After full trial, the learned Judicial Magistrate, First Class, Kandhar acquitted all the thirteen accused in respect of the above offences by judgment and order dated 12th January, 1981. This order of acquittal is challenged by the State in this appeal.

(2.) The pros'ecution witnesses as also the original accused are residents of village Kiroda, taluka Kandhar, district Nanded. There are two harijan wadas in that village one on the eastern side and the other on the western side of the basti. According to the prosecution story, statue of Dr. Babasaheb Ambedkar was installed in front of the Gram Panchayat Office about six months or so prior to the date of incident in this case. The caste-Hindus appeared to have felt annoyed due to the installation of this statue. On 2nd August 1978, a mob of some persons went near the statue and they abused the harijans in filthy language addressing them as "mharde". Some of those persons carried iron bars with them and they all broke the statue into pieces. It appears the harijans residing in harijan wada felt afraid and left that village for some time. On the same day at about 6 p.m., complaint of the inhabitants of harijan wada was lodged at Malakoli police station and also at Kandhar. The complaint lodged at Kandhar was forwarded to Malakoli police station. An offence came to be registered and investigation was carried on by P. S. I. Namdeo (PW No. 6). After necessary investigation, a charge sheet for offences mentioned in paragraph 1 came to be filed against the thirteen accused in the trial Court.

(3.) Particulars of offences under section 295 read with section 34 of the Code and section 7 (i) (d) of the Protection of Civil Rights Act were explained to all the accused, who were caste-Hindus and they pleaded not guilty. The prosecution examined six witnesses in all in the lower Court to unfold its story, while the defence examined the sarpanch of the village in support of its case. On considering the evidence on record, the learned Magistrate found thai the prosecution failed to establish any charge against any of the accused and consequently, all the accused came to be acquitted in respect of the offences with which they were charged. That is how the State has preferred this appeal.