MAROTI MAHAGOO Vs. EMPEROR

JUDGEMENT

(1.) THIS is an appeal by 18 persons who have been convicted under Sections 147, 302 and 302 read with Section 149, Penal Code, by Mr. V.B. Sarwate, Sessions Judge, Nagpur, in Sessions Trial No. 29 of 1946, decided on 8-10-1946.

(2.) ORIGINALLY 31 persons were prosecuted but only 13 have been convicted and some have been sentenced to transportation for life while others have been sentenced only under Section 147, Penal Code. The incident is of 12-4-1946 when the election to the Trade Union Labour seat was in progress. The rival candidates were Messrs. Ruikar and Meshram. The former was supported by the caste Hindus and the latter was a candidate set up by the Scheduled Castes Federation. The polling booth was situated at Indora. Indora, along with Laskari Bag, Bhankheda Road and Pachpaoli, is a strong hold of the Scheduled Castes because they reside there in large numbers.

(3.) IT is said that the Mahars were armed with spears, pointed bamboos and lathis. For a time the two crowds faced each other and there was some stone, throwing but it is not clear as to whether any person was hit in the stone throwing. It is also apparent from the record that the processionists also indulged in stone throwing The police arrangements on the day were very strong and the police immediately intervened and allowed the procession to pass on. While the procession was going the Mahars attacked its rear and caused the procession to break up.