STATE OF MAHARASHTRA Vs. PRAKASH D PATIL

JUDGEMENT

(1.) The State of Maharashtra has filed this appeal to this Court challenging the orders of acquittal passed by the Judicial Magistrate, First Class, lchalkaranji in Summary Case No. 1167 of 1976 on March 22, 1977.

(2.) The charge-sheet came to be filed against 19 accused persons on the allegation that they have committed an offence punishable under sections 6 and 7(b)(c) of the Untouchability (Offences) Act, 1955. The complainant Bapu Sakharam Kamble lodged the complaint (Exhibit 42) at Vadgaon Police Station on 2-5-1976. The complaint disclose that the complainant belongs to Harijan Community residing in Harijanwada in the Village Vadgaon Taluka Hatkanangale, District Kolhapur. There are two public wells in that village Vadgaon. The well situate towards the northern side of the village is used by Sawarna Hindus whereas well situated on the southern side of the village is used by Harijans. In the month of April, 1976, there was scarcity of water in the village and in fact well used by Harijans was almost dried. The Harijans, therefore used to draw water from the private wells situated in the village. The Police Patil and the Gram Panchayat realising the scarcity of water permitted the Harijans to fetch water from the well meant for Sawarnas. According on April 18, 1976, at about 8-00 a.m. the complainant and some 15 to 12 persons from his community went to the well of Sawarna Hindus to fetch water. At that time persons from other communities were also fetching water from the same well. However, they did not obstruct the Harijans from fetching the water from the said well. It appears that, according to the complainant, since the Harijans started drawing water from the well meant for Swarana Hindus, the Sawarna Hindus stopped taking water from that well. It is further alleged by the complainant that nobody even obstructed the Harijans from taking the water from the well meant for Swarana Hindus, the Swarana Hindus stopped taking water from that well. It is further alleged by the complainant that nobody even obstructed the Harijans from taking the water from the well meant for Sawarana Hindus. However, the Swarana Hindus started non-co-operation movement with the Harijans in the village. Accordingly on April 28, 1976, at about 6-00 p.m. when the complainant had gone to Zenda Chowk of the village some 12 to 13 persons from the Swarana Hindu Community found visiting shop to shop informing the shop keepers and the floor mill owners not to sell any articles and grind the corn of the Harijans henceforth. They were telling that the Harijans must live only on water. Since this time the accused persons have stopped selling articles to the Harijans and also grinding the corns of Harijans in their flour mills. Some of the villagers have also blocked the Public roads leading to Harijanwada by fencing. The complainant in his complaint has given the names of the shop keepers who have stopped selling grocery articles to the Harijans and they are Prakash son of the Sarpanch and Basappa Lambe. It is also alleged in the complaint that some unknown persons have thrown a bundle containing intestine and legs of the sheep in the well meant for Harijans. The complainant requested the Police Officer to take necessary action in this behalf.

(3.) After the complaint was lodged, it appears that the investigating machinery was put into motion. The Investigating Officer (P.W. 11), Ramchandra Dattatraya Patil visited the village on 2-5-1976 and started investigation. On that date he recorded the statements of several witnesses and also drew some Panchanamas in regard to blocking of roads as well in regard to the bundle thrown in the well meant for Harijans. After completing the necessary investigation on the charge-sheet came to be filed against 19 accused persons for offence punishable under sections 6, 7(b)(c) and 10 of the Untouchability (Offences) Act, 1955.