STATE OF MAHARASHTRA Vs. RAGHUNATH SHANKAR TORSE

JUDGEMENT

(1.) This is an appeal by the State against the order of the learned Judiaial Magistrate, First Class, Panhala, dated 6th March 1976, whereby he acquitted the accused respondents of the offence under section 7 (b) (c) of the Untouchability (Offences) Act, 1955 and under section 323 and 504 of the Indian Penal Code, with which the accused were charged.

(2.) The allegation on which the prosecution of the accused was founded are briefly these : The complainant Shivaji Sorte (P. W. 1) belongs to Harijan community and he is a member of Panhala Municipal council. Accused No. 1 is also a councillor of that municipal council and accused No. 2 is the Vice. President of the said council. On 6th February 1975 at about 10 a. m, Shivaji ( p. w. 1 ) went to the municipal office at Panhala. He was sitting in the office. Accused No. 1 came there and by addressing him as Mahardya told him that he had no right to stop the newspaper. He also slapped Shivaji on his left check and by catching his neck he pushed Shivaji towards the municipal office. At that time it is alleged that accused No. 2 came there and remarked that it was Ambedkar who had stated the witness on the chair and his activities were not good. Thereafter accused No.2 directed that Shivaji, the complainant should be driven out from the office as he is a Mahar. Thereafter it is alleged that both the accused caught hands of Shivaji and pushed him towards the municipal office and drove him out of the office. Baburao Gavali & other officers who are not examined are alleged to have rescued Shivaji. This incident is alleged to have been witnessed by Mumtaz Mujawar ( P W 2 ) another councillor, Bhagwan Kamble (PW 3) who had gone to collect a cage to catch rats and Hasan Mujawar (PW 4) a messenger in Panhala post office who had gone to make enquiries about the application which he had made to the municipal office.

(3.) On the next day after consulting his father, Shivaji, the complainant sent in a complaint (Ex. 17) to the Police Sub-Inspector through post. Similar complaints were also sent to the Chairman, Vigilance Committee (Dakshata) of Kolhapur, Superintendent of Police, District Magistrate and others. A copy of one of these applications is at Ex. 24. A formal complaint Ex. 22 was recorded by the police on on 25th February 1975. It is after recording this statement that the offence was registered, investigated & the accused were prosecuted,