UTTAM RATAN MARATHE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This revision petition is directed against judgement of acquittal rendered by learned Additional Sessions Judge, Dhule, in Sessions Case No. 82/1993 whereby and whereunder respondents No. 2 to 14 came to be acquitted of the offences punishable under section 147, 148, 326 read with section 149, 323 read with Section 149 of the I.P. Code and also under section 3 (1) (x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1985.

(2.) Briefly stated, the prosecution case before the Trial Court was that in the morning of 20th May, 1993, son of complainant (PW Uttam) informed him about certain snag in the electric pump set installed on a well in his agricultural field. His son and PW Uttam proceeded towards the field. At a place, near S.T. bus stop, the respondents No. 2 to 14 (original accused Nos. 1 to 13) were found standing. They assaulted him and Anil by means of axe, sword, sticks, etc. They also stated that members of "shegar" community shall not be kept alive. Therefore, he felt insulted on ground of caste. He was injured. Likewise, his son Anil was injured. They were rushed to Civil Hospital at Dhule. On basis of F.I.R. lodged by complainant PW Uttam, certain investigation was carried out and the respondents No. 2 to 14 were chargesheeted.

(3.) A charge was framed against the respondents No. 2 to 15 during course of the trial. They pleaded not guilty. They adopted defence of simple denial. They contended that complainant Uttam is member of a group headed by Sarpanch, namely Bapu s/o Kautik.