LAWS(BOM)-1998-11-3

ASHABAI GANESHRAO KHOTE Vs. STATE OF MAHARASHTRA

Decided On November 24, 1998
ASHABAI GANESHRAO KHOTE Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) HEARD Shri S. K. Barlota, learned Counsel for the appellant and Shri P. B. Varale, learned A. P. P. for respondent-State.

(2.) THE appellants are convicted in Special Case No. 13/95 by the Special Judge, Beed, on 9-5-1997 for offence punishable under section 3 (1) (x) read with section 3 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred in short as the "act") and each of them is sentenced to suffer rigorous imprisonment for six months and to pay fine of Rs. 200/- in default of payment of fine, further rigorous imprisonment for one month.

(3.) THE prosecution case is as follows:----Ankush Dasharath Karke had gone to Yamai temple form his village Jategaon with his wife, parents and children to offer a saree and tubelight to the deity because his mother had vowed that she would offer saree and tubelight to the deity on the son Ankush getting employment. The day was 16-1-1995 an annual fair day at Yamai temple. Ashabai, the accused No. 1 and her son Ravindra, the accused No. 2, were in the temple. They happened to be Pujari of the temple. When the saree was offered, Ashabai put aside the saree. She was asked why the saree was not being put on the deity, she told that as the saree was given by the person of Mahar Mang community, it cannot be put on the deity. Then the complainant gave the tubelight and said that at least the tubelight be fixed on the temple, but then Ravindra, accused No. 2, threw aside the tubelight and said that the person from Mahar Mang community have become arrogant and they ought to be looked at. Thus, the two accused insulted the informant Ankush. Sandipan Sopan Karke, Sudhakar Sonawane, Ram Wakte and many other persons were then present. He accordingly lodged the report at Talwada Police Station. The crime was registered and after investigation, both the accused were chargesheeted before the Special Judge.