DIWAKAR MAHADEO WAKODE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) EIGHTY three persons were tried before the learned IIIrd additional Sessions Judge, Akola, for offences of rioting, committing mischief by fire, causing hurt, etc. in prosecution of common object of an unlawful assembly, punishable under sections 147, 148, 435 read with section 149, section 436 read with section 149, section 324 read with section 149 and section 332 read with section 149 of the Penal Code. Thirty five of them, who were convicted by the learned Additional Sessions Judge and sentenced to various terms of imprisonment and fine, have preferred these appeals.

(2.) FACTS, which gave rise to the prosecution are as under : in 1983, villagers of Village Palso-Badhe in Akola District had formed crop protection committee, with complainant Sahebrao Dhotre as its Chairman and Sarpanch and others as Members. Villagers contributed Rs. 3/- per acre of land for engaging watchmen. As watchmen employed locally were ineffective, the Committee employed 10 Jats as watchmen. Villagers alleged that these Jat watchmen were exceeding their limits and beating villagers.

(3.) ON 2-11-1986 at about 3 p. m. when Sahebrao was at his house with some members of the Committee, some of the accused persons met Sahebrao and asked Sahebrao to warn the watchmen not to beat villagers. When these accused persons left the house of Sahebrao, all the accused pelted stones at Sahebrao's house injuring some persons, and set his jeep bearing Registration No. MTR 4656 on fire. A door of the house and agricultural implements in the backyard were also set on fire, causing damage to property worth Rs. 60,000/ -.