RAJU @ RAJENDRA DASHRATH KHAIRE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard. Admit. The appeal is taken up for final hearing on merit with the consent of both parties.

(2.) Present appeal is directed against the impugned order of rebuffing the relief of pre-arrest bail of the appellants in Crime No. I-61 of 2019 registered with Shrirampur City Police Station, Taluka Shrirampur, District Ahmednagar under Sections 354, 324, 504, 506 of the Indian Penal Code (IPC) and Section 3(1) (w)(i) as well as Section 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter, referred to as "Act of 1989" for the sake or brevity). The appellants preferred present appeal by invoking remedy under Section 14-A(2) of the Act of 1989.

(3.) The prosecution case in nut-shell is that, on 27-01-2019, the complainant Sharada Shivaji Desai visited to the Police of Shrirampur City Police Station, Taluka Shrirampur, District Ahmednagar, and filed the report that she is residing with husband and in-laws at village Ukkalgaon, Tq. Shrirampur. There is a joint family property of agriculture land Gat No. 195/2, located in the vicinity of village Belapur Tq. Shrimrapur. The land is mutated in the name of her mother-in-law. The dispute is going on in between present appellants and her husband on account of agricultural land. It has been alleged that on 09-01- 2019, at about 13.00 hours, when the first informantcomplainant and her husband were in the field for watering the crops that time the appellants raised objection and prevented the first informant as well as her husband from agricultural operation in the field. The first informant and her husband made attempt to convince the appellants, but, they were not in a condition to listen. The appellant-accused - Raju Khaire started assaulting the husband of complainant by means of handle of spade on his left fore-arm, thigh and back, etc. The appellant Raju Khaire also pulled on and torn her blouse and attempted to outrage the modesty by pressing her breasts. In the incident of assault, the husband of complainant sustained injuries on his thumb of left hand, thigh and back, etc. The assailant also threatened to kill the complainant and her husband, and therefore, she filed the report about the incident to police for penal action against the appellants-accused.