BHIKASAHADU JADHAV Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) It is alleged by the prosecution that Prakash Wagaskar (P. W. 7) was workIng as Probationary Police Sub.Inspector in the police station at Wadivarhe in Igatpuri taluka of Nasik district in July 1974 On 7th July 1974 he was to go to Ozar to attend Bandobast duty assigned to him on account of arrival of a Minister. He went to the S. T. bus stand at Wadivanhe in ordet to catch a bus, but in the mean while, he noticed that a taxi bearing No, MHS 1524 was going from Igatpuri side towards Nasik. and therefoie, he helted it and ultimately he decided to go towards Nasik by the said taxi. When tne taxi. went upto the hotel of one Sharma, P.S.I, Wagaskar noticed that a crowd of persons had collected on the road. He also found that a dead cow was lying on the ground and a motor truck was standing nearby. He got down from the taxi and started making enquiries He disclosed his identity to the persons collected there. However, all the accused, who were amongst the crowd, rushed upon him saying that he should not interfere into their affairs, and they started beating P. S I. with first blo AS kicks and sticks in their hands. In the meanwhile, a car of the Traffic Branch of Aurangabad Division, reached the spot and thereupon, all the accused and other persons started running away therefrom They were .Chased but except accused Nos. 1, 2 and 7 all others succeeded in making good their escape. Accused Nos. 1. 2 and 7 were taken to the police station, Wadivarhe. PSI Wagaskar lodged his complaint in the police station on the basis of which an offence was registered Necessary investigation was carried out and after completion thereof, charge-sheet was filed against all the eight accused persons It appears from the record that accused No. 4 died during the pendency of the trial and therefore, the case was proceeded with against the rest of the accused.

(2.) All the accused persons denied the allegations made against them, Accuused Nos. 1, 2 and 7 admitted that they were taken to the police station in a tanker which was standing there. However, they denied the fact that they were the members of the unlawful assembly.

(3.) In support of its case, the prosecution examined PW 7 prakash Wagaskar the complainant, PW I Bashirkhan the cleaner of the tanker, PW 2 Abdul Gani the driver of thetanker, PW 3 vishram the panch witness. PW 4 Avinash the passenger in the taxi, PW 5 Ramesh Pawar the taxi driver, PW 6 Shantilal Parakh the another passenger from ther taxi, and PW 8 Garud, ths police head constable. After appreciating all the evidence on record the learned Judicial Magistrate, First Class. Igatpri, acquitted the accused persons of the offence punishable under Sec. 332 of the Indian Penal Code. However, he chose to convict them for offence punishable under section 147 and 353 of the Indian Penal Code and sentenced each of them to suffer on each count rigorous imprisonment for three month and to pay a fine of Rs, 200 / or in default to suffer further rigorous imprisonment for one month. Being aggrieved by this order of conviction and sentence the accused filed an appeal before the Sessions Judge, Nasik. The learned Sessions Judge. Nasik, by his judgment dated 20th September 1978 confirmed the conviction of the accused but modified the order of sentence by directing that the substantive sentence of rigorous imprisonment shall run concurrently Against this order, the present revision application is filed by the accused.