GULAB BHANUDAS KHAVALE Vs. HIRAJI MAHADEV GHUGE

JUDGEMENT

(1.) The petitioner has impugned the order of acquittal passed by II Additional Sessions Judge, Ahmednagar, in Sessions Case no. 166/1995, acquitting respondent Nos. 1 to 4 of the offences punishable under sections 323, 324, 337, 504, 506 read with section 34 of the Indian Penal Code and section 3 (1) (x) of Scheduled Castes and Scheduled Tribes (Prevention of atrocities) Act, 1989 (hereinafter to be referred to as the Atrocities Act).

(2.) Briefly stated the relevant facts are that the petitioner belongs to 'hindu mang' caste. He is engaged in selling milk to the milk dairy run by a cooperative society and is a member of that society. On 5-6-1995, the petitioner went to the dairy for selling the milk. However, respondent No. 1 refused to accept the milk. There was an altercation between them, during which, respondent No. 1 insulted the petitioner by referring to his caste. While the petitioner was about to leave the dairy, respondent Nos. 1 and 4 assaulted him with stones and respondent Nos. 2 and 3 assaulted him with iron bars, as a result, he received injuries. During the course of the quarrel, Malan Rajguru (PW-2) , chandrabhaga (PW-3) Sindhu (PW-4) and Bhanudas (PW-5) came there. They were also assaulted by the respondents. A report of this incident was lodged on 6-6-1995 with Kharda Outpost at Jamkhed police station. The injureds were examined by the Medical Officer of the Primary Health Centre, Kharda. After completion of investigation, charge-sheet was filed. As one of the offences is punishable under the provisions of the Atrocities Act, the case was committed to the Special Judge.

(3.) At the conclusion of the trial, after appreciating the evidence on record, learned Special Judge found that the oral evidence is not reliable. In this view of the matter, he acquitted respondent Nos. 1 to 4 of all the offences with which they were charged by the impugned order dated 20-12-1997 referred earlier.