THE STATE OF MAHARASHTRA Vs. SHRISHAIL BASAPPA PATIL

JUDGEMENT

(1.) By this appeal, the State is challenging the judgment and order passed by the learned 2nd Additional Sessions Judge, Solapur, in Special Case No.9 of 1999, thereby acquitting respondents/accused of offences punishable under Sections 352, 427, 504, 506 read with 34 of the Indian Penal Code and under Section 143 of the Indian Penal Code, as well as for the offence punishable under Section 3(1)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act , 1989.

(2.) Facts leading to the prosecution of the respondents/ accused in nutshell are thus :

(3.) Heard Shri S.V.Gavand, the learned APP, appearing for the State. By taking me through evidence of PW1 Laxmibai Hippargi, PW2 Pargonda Hippargi and PW3 Sarubai Hippargi, Shri Gavand, the learned APP, vehemently argued that the evidence of all these three prosecution witnesses is clear and cogent. Their version is reflecting that all accused persons, in furtherance of their common intention, destructed the hut of the members of the prosecuting party and used criminal force on PW1 Laxmibai Hippargi, PW3 Sarubai Hippargi and other members of the prosecuting party. The learned APP further argued that the evidence of PW1 Laxmibai Hippargi and PW3 Sarubai Hippargi shows that accused persons committed mischief by causing wrongful loss to the members of the prosecuting party by damaging the hut situated in the field Gat No.23/2. The members of the prosecuting party were intimidated by the respondents/accused and they were provoked to break the public peace. The accused persons had formed an unlawful assembly with common object to commit cognizable offence.