MOHAMMAD SHARIFF SULEMAN NADAF Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS is a revision application filed by 78 out of 108 accused, who are committed by the Judicial Magistrate, First Class, Court No. 1, Sholapur, in Criminal Case No. 1293 of 1967, to be tried before the Sessions Court for the offences under Sections 147, 148, 149, 151, 152, 295, 323, 325, 332, 302, 120-B, 109 and 114 of the Indian Penal Code with the respect to a riot in Sholapur City on September 17, 1967. The petitioners have prayed that the order of committal in so far as they are concerned is contrary to law, because there was no evidence before the learned Judicial Magistrate against them and the learned Magistrate failed to apply his mind to the materials before him and wrongly committed the petitioners to be tried by the Sessions Court.

(2.) THE relevant facts that led to the prosecution of the said 108 persons in connection with the aforesaid riot may be briefly stated as follows:-On 'anant Chaturdashi day', which happened to fall on September 17, 1967, the Hindus in Sholapur took out a procession for immersing Ganpati Idols. Those Ganpati Idols used to be installed on the day of Ganesh Chaturthi at different places. On the Anant Chaturdashi day, procession of these Ganapties used to be taken out by the Hindus and the Ganpati Idols used to be immersed at a place known as 'ganesh Ghat'. That is how procession was taken out every year and on September 17, 1967 the procession started from a place known as Datta Chowk and was going via Navi Peth, Choupad, Punjab Talim Masjid, Mallikarjun Temple etc. , through the roads of the City of Sholapur.

(3.) THE prosecution alleged that the petitioners and other accused agreed together to do some illegal acts and for the purpose assembled together near Punjab Talim Masjid and attacked the procession of Ganpati immersion with stones, brick-bats and soda water bottles. In prosecution of this conspiracy, it is alleged that all the accused attacked the said procession at about 8-45 to 9-30 P. M. on that day when the procession was passing in front of Punjab Talim Masjid by throwing stones, brick-bats and soda water bottles etc. They had collected at Punjab Talim Masjid and also in the houses near about the masjid in different groups. They shouted slogans like This shouting of the slogans and throwing of stones, brick-bats and soda water bottles happened when the procession accompanying what is called Jali Road Police Station Ganpati, which was a Ganpati Idol installed near the Jali Road Police Station by Hindu Policemen, was passing near the Punjab Talim Masjid. The houses surrounding Punjab Talim Masjid were mainly of the Muslims. The first Ganpati procession was that of Deshmukh and that Ganpati Procession had arrived near Punjab Talim Masjid at about 5-0 P. M. or so. Thereafter the procession of Ganpati Idols was passing one after the other. At about 8-15 P. M. or so the D. A. V. College Ganpati procession had arrived at Punjab Masjid.