STATE OF MAHARASHTRA Vs. SUMIT KISHOR SHASTRI

JUDGEMENT

(1.) The appeal is admitted. Notice after admission made returnable forthwith. By consent, heard both the sides for fnal disposal.

(2.) The appeal is fled against the order made by the learned Additional Sessions Judge, Jalgaon on Exh. 4 in Special Atrocity Case No. 6/2019. The said application was fled by present respondent accused for bail and bail is granted to him. Chargesheet is fled against the respondent and others for the ofences punishable under sections 302, 201, 363, 364, 341, 120-B of Indian Penal Code and section 3(2)(v) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. Chargesheet is fled as against four persons like Mahendra Rajput, Pradeep Pardeshi, Yogesh Sonar and the present respondent. No bail is granted to Mahendra, Pradeeep and Yogesh.

(3.) It is the case of prosecution that in the year 2018 when some boys of Matang community, scheduled caste boys had entered a well for swimming, those boys were stripped necked and they were taken in that condition in procession in village Wakdi, Tahsil Jamner and they were severely beaten only due to their act of entering the well. The respondent is of Brahmin caste. This well is situated in the land standing in the name of mother of respondent Sumit. On that occasion, Ishwar, cousin brother of Sumit had taken lead in aforesaid incident. As the incident of aforesaid nature had taken place, the deceased who was activist and who also belong to the same community had given publicity to that incident and had requested the authorities to take proper action against Ishwar. Ishwar was arrested due to that incident and he was kept in jail for few days. It is the case of prosecution that due to the arrest and detention of Ishwar in jail, the respondent had become angry. The arrest and detention was their insult and they decided to take revenge for such insult. This insult is said to be motive for the crime. When the frst incident took place due to use of well by boys of scheduled caste, the dead body of person responsible for insult was found in a well.