KESHAO PANDURANG DANGE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Being aggrieved by his conviction for offences punishable under section 294 of the Penal Code and section 3 (1) (x) of the scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act and sentences of rigorous imprisonment for one month and fine of Rs. 100/- and rigorous imprisonment for six months and fine of Rs. 200/- imposed upon the appellant on two counts by the: learned 2nd Additional Sessions Judge, chandrapur, by his judgment in Special Case No. 116 of 1994, the accused therein has preferred this appeal.

(2.) The appellant was prosecuted for an incident dated 1-12-1994, where he was alleged to have given filthy caste based abuses to complainant Vasudeo, who belongs to Scheduled Caste. The appellant himself belongs to Kalar Caste, not falling under the Scheduled Caste or Scheduled Tribe. On a report by the complainant, an offence was regiistered and on completion of investigation, charge-sheet was sent up, which ultimately reached the Court of Session at chandrapur.

(3.) The appellant pleaded nod guilty to the charge of offences punishable under sections 294 and 506 of tine Penal Code and Section 3 (1) (x) of the scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. Hence, the appellant was put on trial; in course of which, the prosecution examined in all five witnesses. Upon considering the evidence tendered, the learned Additional sessions Judge convicted the appellant as mentioned above for offences punishable under section 294 of the Penal Code and section 3 (1) (x) of the scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. He, however, acquitted the appellant of offence punishable under section 506 of the penal Code. Aggrieved by his convictiom, the appellant has preferred this appeal.