STATE OF MAHARASHTRA Vs. BHOJU ALIAS BHAJANLAL JETHANAND

JUDGEMENT

(1.) Heard Mr. More APP for the State and Mr. Gole counsel for the Accused. Both the Appeals are filed by the State against the acquittal of the accused for offences under Sections 147, 148, 336, 354, 302 read with Section 149 of IPC or in ther alternative under sections 336, 354, 302 read with 34 of I.P.C. It appears that two sessions cases were tried together i.e. Sessions Case No.702 of 1988 against accused Nos. 1 to 3 as accused Nos. 4 and 5 were absconding. Accused Nos. 4 and 5 were arrested later on and separate charge sheet was filed against them and Sessions Case No. 703 of 1988 was filed, therefore it was a joint trial, concluded by a common judgment. Out of the five accused, accused No.1 Bhoju @ Bhajanlal was convicted under Section 323 of IPC and sentenced to suffer R.I. for one year and fine of Rs.100/- in default R.I. for 15 days.

(2.) The case of the prosecution as per the FIR is that Vinod had a younger sister by name Manju, who used to attend tution classes conducted in Section No. 17 at Ulhasnagar daily in the evening. Some road romios used to tease her while going and coming back from tution class. Manju made a complaint to her married sister Indu who was residing in that same area. Indu therefore accompanied Manju for few days and during that time nobody teased her. Thereafter Indu stopped to accompany Manju to the tution class.

(3.) On 29.3.1988 Manju alone went to the tution class and after her tution was over while she was returning some one hold her hand and outraged her modesty. Therefore, on the next day i.e. on 30.3.1988 Manju s elder sister Indu, her brothers Narendra and Vinod accompanied Manju upto the tuition class. They were accompanied by one Abhijit Savant the friend of Vinod. All of them again went to bring her back from the tution class. While they were near one General Store, these accused were there. When they saw Manju, one of them uttered "Red Rose Aayi, Deni Ladaki Aayi". This was their manner of teasing Manju. Therefore, Manju s elder brother Narendra questioned accused whey they were teasing Manju. There was exchange of hot words between Narendra and these accused. Narendra was held by them. He was man-handled by them. His brother Vinod and others tried to go towards him to help him but soda water bottles were being thrown at them from the General Stores. Narendra started running but he was made to fall down by obstructing his way by one of the accused and then Mahesh - the absconding accused is alleged to have hit Narendra on his right side buttock from the back causing serious bleeding injury. Narendra collapsed and the assailants ran away.