STATE OF MAHARASHTRA Vs. SHIVAJI SAYANNA KANKANTE

JUDGEMENT

(1.) State is hereby assailing judgment and order of acquittal dtd. 22/7/2004 passed by learned Additional Sessions Judge, Biloli in Special Case No. 02 of 2004, by which present respondents faced trial for commission of offence under Sec. 3(1)(x) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 [for short, SCST Act], 324 r/w 149 of IPC and Sec. 7(1)(d) of Protection of Civil Rights Act.

(2.) At the outset, it needs to be mentioned here that, during pendency of this appeal, respondent no.4 Sopan s/o Vithal Basatwar died on 27/4/2021 and respondent no.5 Gangaram s/o Sayanna Thankangar died on 10/10/2006. Original death certificates of both the respondents are placed on record. In view of the same, the appeal stands abated as against such respondents.

(3.) Informant Madhav approached Degloor Police Station and lodged report that, on 21/7/2003 while he was cultivating grazing ground, accused persons came armed with sticks. Accused no.8 Venkat, who was armed with axe, hurled caste abuses and even inflicted blow on the head by blunt side of the axe. Accused No.3 Raju gave blow with spade, accused Ashok, Gangareddy, Gangaram gave kicks and fist blows while accused Shivaji instigated all of them. On receipt of such report, FIR was registered bearing No. 88 of 2003. Crime was investigated and on completion of the same, accused persons were chargesheeted.