SIDDRAMAPPA ANANDRAO MULE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. With consent of the learned counsel for parties, matter is taken up for final hearing immediately.

(2.) Heard the learned counsel for both sides.

(3.) The respondent No.3 lodged a report/complaint with Superintendent of Police, Osmanabad on 30.7.2006. He was directed to police Naldurg and on 9.8.2006 he lodged an oral report of the incident at the police station. According to the respondent No.3-complainant, he belongs to Mahar caste, which is scheduled caste. His mother was Sarpanch of village Borgaon, Taluka Tuljapur for about last 11 months. A cheque of Rs.4,00,000/- was received from Tahsil Office under the scheme of Yashwant Gram Samriddhi Yojna. The applicant Nos.1 and 2 and applicant No.3, who is Gram Sevak, were insisting the mother of the complainant to encash the cheque and make whole of the payment in lumpsum to the contractor. However, she wanted to make payment, proportionate to work done. It was the grievance of the mother of the complainant that because of the absence of Gram Sevak from the village, many of the development works were obstructed. She also lodged a complaint against Gram Sevak, for which enquiry was being made by the Panchayat Samiti. Five of the Gram Panchayat members have submitted their resignations and mother of the complainant has also filed caveat before the Divisional Commissioner Aurangabad, apprehending dismissal from the post of Sarpanch in view of the resignations of majority of the members of the Gram Panchayat. On 29.7.2006, Extension Officer of Panchayat Samiti had been to the village for enquiry against Gram Sevak and other matters. After his return, at about 9.00 p.m. when the complainant was returning from Naldurg to Borgaon by jeep, the present applicants obstructed him and abused him in the name of his caste by calling him Dhedgya. They also assaulted him and threatened to kill him. On the basis of this report, police registered crime No.165 of 2006 for the offence punishable under Section 341, 504, 506 r.w. 34 of I.P.C. and for the offence punishable under Section 3(1)(x) of Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989, ("Atrocities Act" for short).