BALU Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appeal is directed against the impugned Judgment and order of conviction and resultant sentence of imprisonment and fine amount passed by the learned Ad-hoc Additional Sessions Judge, Ambajogai, in Sessions Case No. 17 of 2005 dated 22-01-2007. The appellants are convicted for the offence punishable under Sections 143, 147, 324 and 332 read with section 149 of the Indian Penal Code (for short "IPC") and they are sentenced to suffer punishment till rising of the Court and pay a fine of Rs.100/- each for the offence punishable under section 143 read with section 149 of the IPC. They are also ordered to suffer RI for two years and pay a fine of Rs. 250/- each I/d to suffer R.I for five days each for offence punishable under Sections 324, 332 read with section 149 of the IPC respectively.

(2.) Being dissatisfied with the conviction and resultant sentence as indicated above, the appellants invoking remedy under section 374 of the Cr.P.C. preferred the present appeal to redress their grievances.

(3.) The scenario of the prosecution case in brief is that the appellant - Balu @ Baba Bhagwan Waghmare resident of Dharmapuri committed encroachment by erecting house structure on the public land of crematory of 'Dhor community' in the village. There were complaints about the encroachment of appellant-Babu received to the concerned revenue authority. At last the Tahsildar Parli- Vaijnath on 02-12-2003 issued the order to remove the alleged encroachment. Therefore, the first informant -Devidas Wade, Revenue Inspector, Naib Tahsildar Shri Latpate, and other Officials were deputed for execution of order of Tahsildar. The Police personnels were also deployed for Bandobast duty to maintain law and order problem. According to prosecution, all the concerned persons from revenue and Police visited to the spot at about 12.30 p.m. They gave instructions to the appellant Babu to remove the encroachment till 4.00 p.m. But, they did not receive any response from the encroacher. Therefore, the Revenue Personnel with the help of other labourer and JCB machine started razing the structure of encroachment. But, the appellants and their family members formed the unlawful assembly and attacked the Revenue and Police Personnel present on the spot. The appellants pelted the stones as well as flung the chilly powder in the eyes of members of the squad. In the incident of riot, the P.C Mr. Jagtap P.C. Mr. Band, P.C. Mr. Ghule and other received injuries following stone pelting. They all were escorted to the hospital for medical treatment. Thereafter, the Revenue Personnel Mr. Devidas Wade approached to the Police and filed the report.