STATE OF MAHARASHTRA Vs. JANARDHAN LADKU BHOIR

JUDGEMENT

(1.) The Appeal is already admitted on 9/1/2006. Notice is duly served on Respondent Nos. 1 to 7-original accused. This Appeal is against judgment of acquittal by the Court of First Ad hoc Additional District and Sessions Judge, Thane in Sessions Case No.83/2004. The offences are under Sec. 3(1)(x) of Schedule Castes and Scheduled Tribes (Prevention of Atrocities) Act (for short SC and ST Act) and under Sec. 147, 323,325 read with Sec. 149 of Indian Penal Code. After trial all were acquitted. Even though there is no appearance on behalf of Respondents, as the Appeal is very old, I have heard learned APP. She has taken me through the evidence of 13 witnesses and the impugned judgment. The prosecution case is as follows: There is A Gram Panchayat by name Vadape in Bhiwandi Taluka, Thane District. The first informant PW No.1-Nitin Pandurang Gaikwad was elected as a Sarpanch from the reserved category whereas Respondent No.1-Janardhan was a Vice Sarpanch. He and other members are from Agri community. They were not keeping good terms with the first informant-Nitin. They had grievance that first informantNitin was not fulfilling his responsibility towards the development of the village. It had resulted into moving a 'No Confidence' resolution which was passed. First informant- Nitin had challenged the said resolution.

(2.) On this background the incident took place on 30/6/2001 at about 12.30 hours in the afternoon. The Accused No.1-Nitin along with co-accused Sunil Narayan Patil were present in the office. Jeevan Bhoir, Peon and K.N. Patil, Gram Sevak were also present. After arrival in the office PW No.1-Nitin was reading the proceeding book of the meeting. At that juncture accused-Janardhan, Shridhar, Bharat, Sudham and another Bharat along with two three other persons came to Gram Panchayat office. Accused No.1-Janardhan was possessing a wooden rod. He beat Nitin and others by fist and blows.

(3.) Nitin lodged a complaint with Bhiwandi Taluka Police Station. An offence came to be registered. PW No.9-P.S.I. Birajdar first investigated the offence and then Additional Superintendent of Police PW No.10-Rajesh Bansode completed the remaining investigation. PW No.1 was referred to I.G.M. Hospital, Bhiwandi and PW No.11 Dr. Sorte examined him. Later on, PW No.13-Dr. Sudhakar Jadhav from Civil Hospital, Thane examined him and issued a certificate.