ASISKHAN HABIABKHAN PATHAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Appellant, the original accused in Sessions Case no. 68 of 1992 has preferred this appeal against the judgment and order dated 23-2-1993 passed by the court of Special Judge, Dhule, whereby the accused was convicted for the offence punishable under section 3 (1) read with section 3 (l) (x) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as "sc and ST Act", for the sake of convenience) and sentenced to suffer rigorous imprisonment for six months and to pay fine of rs. 100/-, in default rigorous imprisonment for one month.

(2.) Brief facts giving rise to this appeal are as under : Complainant Milind rajaram Bhamre was serving as Stand Incharge of Shirpur S. T. Bus Stand in the year 1992. The appellant/accused was also working at Shirpur S. T. Bus Stand as a driver. As the accused had misbehaved with complainant Milind Bhamre, he had made a report against the accused to his superiors. On the basis of the said report, a departmental enquiry was carried out and the services of the accused were terminated. The accused had thereafter filed an appeal against the order of termination and it was pending.

(3.) On 11-8-1992 at about 9. 30 a. m. , when complainant was proceeding to s. T. Bus stand, he found that the accused and one Ashok Patil, who was also serving at Shirpur S. T. Bus stand, were standing on the way. As soon as the accused saw the complainant, he abused him and threatened that he would kill him, because, as a result of the report which was submitted by him (complainant) , his services were terminated. The accused rushed towards the complainant and bet him. However, Ashok Patil intervened and separated the accused. Then the complainant went to Shirpur S. T. Bus stand and reported the matter to his superior officer, namely, Shri Deore. He, however, asked the complainant to go to Police Station and lodge a complaint. Accordingly, the complainant went to Shirpur Police Station and lodged a complaint. On the basis of the said complaint, police registered Crime No. 114/1992 for the offences punishable under sections 323, 353, 504 and 506 of the Indian Penal Code and started investigation. On 13-08-1992, a supplementary statement of the complainant was recorded and at that time, the complainant produced a xerox copy of his caste certificate in order to show that he was belonging to Scheduled caste. In view of the said supplementary statement of the complainant, police registered an offence punishable under section 3 (1) (x) of the SC and ST Act. After completion of the investigation, the police submitted charge-sheet against the accused.