SUKDEV Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) Feeling aggrieved by the judgment and order of conviction, passed by the learned IInd Additional Sessions Judge, Shrirampur, dated 27.4.2000, in Sessions Case No. 19 of 1993, whereby the court below convicted the appellant for the offence punishable under Section 435 r/w 34 of the Indian Penal Code and directed that he shall suffer rigorous imprisonment for two years and to pay a fine of Rs. 3,000/-, and in default to suffer rigorous imprisonment for six months, the appellant is before this court. The prosecution case, as it emerges, is narrated herein under:--

(2.) The first information report (Exh. 12) shows that the first informant belongs to a caste which is a scheduled caste. He was having his agricultural field at village Salbatpur, bearing Gat No. 5/5/1. He resides along with his sons Balasaheb and Dnyaneshwar and wife Chandrabhaga. The appellant Sukhdev Kundlik Najan is having his agricultural land adjacent to the said laid and the appellant resides in his agricultural field only. Also, there is another agricultural field of another accused Raosaheb Bhanudas Nagre.

(3.) The learned Sessions Judge, Shrirampur framed the charge against the appellant and accused No. 1 Raosaheb for the offence punishable under Section 435 r/w 34 of the Indian Penal Code and under Section 3(2)(iii) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act.