MIRZA EJAJ BAIG Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Criminal Appeal No. 156 of 1997 is directed by appellant (original accused No. 1) , mirza Ejaj Baig s/o. Ahmed Baig, feeling aggrieved by the Judgment and Order, passed by Special Judge, Beed on 30-4-1997 in Special case No. 22 of 1996.

(2.) The important facts of the case of prosecution lie within a small compass and may be briefly stated as under : complainant, Sheela Bhagwat More, a married woman, during relevant time, was working as Teacher in Balwadi at Lahujinagar. On 14-12-1995, at about 11. 00 am. , in the morning, she was going to her school alongwith her sister, Shakuntala, for bringing amount of salary. When they were passing through Zenda chowk, appellant (accused) , Mirza Ejaj, who was sitting in front of his house, blown whistle and uttered words, with a view to insult them. He tried to catch complainant Sheela More. When her sister Shakuntala intervened and tried to rescue her, the appellant (accused) also caught hold of her and tried to drag her towards his house. He also beat her by fists. Thus, he tried to outrage their modesty. Then, they both returned home and narrated this incident to their mother, Malanbai Pawar. Thereafter, when complainant Sheela, her sister Shakuntala and their mother Malanbai were going towards police Station, appellant (accused) , Mirza Ejaj and his brother Mirza Phaijulla given them threats, to cause harm to their person and life, if they go to the Police Station and lodge report. They abused and insulted complainant and her sister on the basis of their caste and untouchability. Thereafter, the complainant went in police station and lodged the report (Exh. 14) against all these persons and offence at Crime No. 217 of 1995 was registered against them.

(3.) P. S. I. Salunke, who was then on duty in police station, went on the spot of incident and prepared spot panchanama (Exh. 12). He recorded statements of the witnesses and after completing investigation, did submit charge-sheet against all these persons in the Court.