MACHINDRA SADABHAU GIRI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant takes exception to judgment and order dtd. 24/8/2004, passed by learned IInd Ad-hoc Additional Sessions Judge, Parbhani, in Special Case No.18/2004, for offence punishable under Sec. 323 of the Indian Penal Code (hereinafter shortly referred to as "IPC").

(2.) PW3 Mr. Ramchandra Kaniram Wanjari, S.D.P.O., Basmath investigated crime No.3098 of 2022, for offence under Sec. 3(1)(x) of the S.C. and S.T. (Prevention of Atrocities) Act, Sectoin 7(1)(d) of the P.C.R. Act and Sec. 323 of the Indian Penal Code, on report being lodged by informant PW1 Mr. Narayan Gunaji Davane that, on 2/11/2002, a photographer, who had snapped photographs of a wall constructed over the flowing river had come to the village and had approached the informant stating that photographs are ready and to pay for it. That, the informant told him that Gramsevak is not present and that payment would be made on Monday.

(3.) The informant further reported that, in the afternoon, when he came in the vicinity of Panchayat Samiti office, Gramsevak Mr. Machindra Giri i.e. present appellant, questioned him for not giving money towards the photographs, upon which the informant told that, he had asked photographer to come on Monday and that payment would be made thereafter. That, the appellant, upon which, initially abused him on caste basis and thereafter rushed over him, removed footwear and started beating him.