Bombay High Court
Narasingh Gurunath Patil & Ors vs State Of Maharashtra on 3 March, 2016
Bench: S.S. Jadhav
1 19.apeal459.96.sxw
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 459 OF 1996
1. Narasing Gurunath Patil, )
Age 57 years, (M.L.A), )
Resident of Belgaon. )
2 Ramchandra Motiram Patil, )
Age 58 years, Resident of )
Shivanage, Tal. Chandgad.
ig )
3 Piraji Ramchandra Patil, )
Age 27 years, Resident of )
Tambulwadi, Tal. Chandgad. )
4 Sakharam Abaso Desai, )
Age 46 years, Resident of )
Utsali, Tal. Chandgad. )
5 Janaba Santu Ovulkar, )
Age 52 yrs. Resident of )
Turkewadi, Tal. Chandgad. )
6 Kedari Yallappa Patil, )
Age 55 years, Resident of )
Dundage, Taluka Chandgad. )
7 Gopal Santu Ovulkar, )
Age 39 years, R/o. Turkewadi, )
Taluka Chandgad. )
8 Shankar Laxman Ovulkar, )
Age 28 years, Resident of )
Turkewadi, Taluka Chandgad. ) ... Appellants.
Versus
The State of Maharashtra. ... Respondent.
---
Mr. Anant Vadgaonkar, advocate for appellants.
Talwalkar 1/10
::: Uploaded on - 15/03/2016 ::: Downloaded on - 31/07/2016 07:35:38 :::
2 19.apeal459.96.sxw
Mrs. A.A. Mane, APP for State.
---
CORAM : SMT. SADHANA S. JADHAV,J
DATE : MARCH 3, 2016
JUDGMENT:
1 The appellants herein are convicted by the Special Judge,
Kolhapur vide Judgment and Order dated 12/7/1996 in Special Case
No. 44 of 1993. The appellant No. 1/accused No. 1 is convicted for
an offence punishable under Section 7(1)(d) of the Protection of Civil
Rights Act, 1955 and sentenced to suffer S.I. for one month and to
pay fine of Rs. 100/- i.d. further S.I. for 7 days. The appellant No.
1/accused No. 1 is also convicted for the offence punishable under
Section 506 of the Indian Penal Code and sentenced to S.I. for 7 days.
Appellant No. 1/Accused No. 1 is acquitted of the offence punishable
under Section 3(1)(x) of the Scheduled Caste and the Scheduled
Tribes (Prevention of Atrocities) Act, 1989, and of the offences
punishable under Sections 147, 148, 323 read with Section 149 of
IPC, 323 OF IPC, 324,337 r.w. 149 of I.P.C. 504 r.w. 149 of I.P.C. and
Talwalkar 2/10
3 19.apeal459.96.sxw
506 r.w. 149 of I.P.C. The appellant Nos. 2 to 5 and appellant Nos. 7,
8 and 10 are convicted for offence punishable under Sectin 323 of the
Indian Penal Code and sentenced to suffer S.I. for 15 days each. The
appellant Nos. 2 to 5 and appellant Nos. 7, 8 and 10 are acquitted of
the offence punishable under Section 3(1)(x) of the Scheduled Caste
and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, 7(1)
(d) of the Protection of Civil Rights Act, 19555 and of the offences
punishable under Sections 147, 148, 323 read with Section 149 of
IPC, 324,337 r.w. 149 of I.P.C. 504, 506 r.w. 149 of I.P.C. and 506 of
I.P.C. Hence, this appeal.
2 Such of the facts necessary for the decision of the appeal are as
follows :
That the appellant No. 1 is the chairman of Daulat Co-operative
Sugar Factory. The appellants happened to be the director of the
sugar factory. On 8/1/1993 Annual General Body Meeting of the
factory was to be held. At about 2 p.m. the meeting had commenced.
By virtue of being Chairman of the sugar factory, the appellant No. 1
Talwalkar 3/10
4 19.apeal459.96.sxw
was presiding over the meeting. That the complainant Mahadev
Satuppa Kamble had entered into the meeting hall. It is alleged that
upon seeing the complainant, the accused No. 1 had questioned as
how the complainant was allowed to enter into the hall and he had
referred the caste of the complainant in prerogative manner. There
was an altercation. It is alleged that the appellant No. 1 had
exonerated other members to assault the complainant and on his
instigation, the complainant was assaulted with kicks and fist blows.
That he was threatened of dire consequences.
3 The complainant had then approached Chandgad Police Station
and lodged the report. On the basis of the report filed by the
complainant, Crime No. 4 of 1993 was registered against the accused
for offence punishable under Section 147, 148, 149, 324, 323, 504,
337, 506 of the Indian Penal Code and 7(1)(d) of the Protection of
Civil Rights Act, 3(1)(x) of the Scheduled Caste and the Scheduled
Tribes (Prevention of Atrocities) Act, 1989. Investigation was set in
motion. It appears that the crime was investigated by the police
Talwalkar 4/10
5 19.apeal459.96.sxw
inspector. The case was registered as Special Case No. 44 of 1993.
The prosecution examined as many as 12 witnesses to bring home the
guilt of the accused.
4 P.W. 3 Mahadev Satuppa Kamble happens to be the
complainant. He has deposed before the Court that on 8/1/1993
about 3000 to 4000 people were present at the meeting. As soon as
he entered into meeting hall, accused No. 1 had hurled abuses at him
by referring to his caste and had instigated the mob to assault him.
The other accused had assaulted him with fists and kick blows. It is
elicited in the cross-examination that several cases are pending
against the complainant. That there are political fraction in the
cooperative societies. He has also admitted in the cross-examination
that he has attended meeting upon receiving an intimation.
5 The prosecution has also examined independent witnesses as
well as the police guarding the said meeting in order to see that the
meeting is conducted in peaceful manner. That the independent
Talwalkar 5/10
6 19.apeal459.96.sxw
witness P.W. 8 is Shivaji Bhandari who was officiated as police head
constable to Tilarinagar Police Station. He has deposed before the
court that on 8/1/1993, General Body Meeting of Daulat Sugar
Factory had commenced at about 1.30 p.m. At about 2 p.m. Chairman
had started addresssing the meeting. Some members had entered
into the meeting hall without signing the register. Therefore, the
Chairman had asked them to register themselves and then enter into
the hall. The complainant had entered into the hall without having
registered. There was commotion in the hall. The chairman was
addressing the meeting. But due to commotion, his address was
inaudible.
6 It is apparent from the nature of the evidence adduced by the
prosecution that the whole incident had occurred due to political
recovery and political fractions within the said society. The appellants
are convicted under Section 147, 148 of the Indian Penal Code. The
learned Counsel for the appellants rightly submits that the appellants
were members of the society and had attended General Body Meeting
Talwalkar 6/10
7 19.apeal459.96.sxw
and therefore, the same cannot be treated as an unlawful assembly
and therefore, according to the learned Counsel, conviction under
section 147, 148 of the Indian Penal Code deserves to be quashed
and set aside.
7 It is pertinent to note that the appellants have been acquitted of
the offence punishable under Section 3(1)(x) of the Scheduled Casts
and the Scheduled Tribe (Prevention of Atrocities) Act, 1989. That
the appellants are convicted for the offence punishable under Section
7(1)(d) of the Protection of Civil Rights Act, 1955 which
contemplates as follows :
"Whoever insults or attempts to insult, on the ground of
'untouchability' a member of a Scheduled caste shall be
punishable with imprisonment for a term not less than one
month and not more than 6 months, and also with fine which
shall be not less than one hundred rupees and not more than
five hundred rupees.
8 In the present case, it is apparent on the face of the record that
the meeting was attended by more than 4000 people who were
Talwalkar 7/10
8 19.apeal459.96.sxw
members of the said cooperative society. The complainant had
attempted to enter into the hall after the meeting had commenced. At
that relevant time, the Chairman was giving his address to the
members. It is clear that there was commotion and the complainant
was being restrained from entering into the meeting the hall on
account of his not having registered at the entrance and not because
he belonged to a particular caste.
9 The Court cannot be oblivious of the fact that the wisdom has
prevailed upon the complainant. That the complainant has filed an
affidavit in the present appeal on 23/7/2013. The complainant has
contended in the affidavit that since there was political disturbances
between himself and appellant No. 1 Nursing Gurnath Patil, he had
lodged the said complaint. That he had resolved disputes with the
appellant No. 1 and is having cordial and friendly relations. It is true
that the offence punishable under Section 7(1)(d) of the Protection of
the Civil Rights Act is to be tried summarily as per section 15 of the
said Act. That the minimum imprisonment contemplated for the
Talwalkar 8/10
9 19.apeal459.96.sxw
offence punishable under Section 7(1)(d) of the said Act is one
month. It can be tried summarily. In the present case, the appellants
who were charged with offence under Section 3(1)(x) of the
Scheduled Caste and the Scheduled Tribes (Prevention of Atrocities)
Act, 1989. The case was tried by Special Judge. However, the
learned Special Judge has sentenced the appellant to one month.
That the very fact, the complainant has appeared before court and
stated that he has no grievance against the appellant and that the
lodging of the said complaint was a result of political rivalry. There is
no reason to go into other aspects of the matter such as to whether
the prosecution has proved its case beyond reasonable doubt or not.
Taking into consideration of the hearing, the appeal deserves to be
allowed.
10 Hence following order :
ORDER
(i) The Criminal Appeal is allowed.
Talwalkar 9/10
10 19.apeal459.96.sxw
(ii) The Judgment and Order dated 12/71996 passed by the Special
Judge, Kolhapur in Special Case No. 44/1993 convicting the
appellants is hereby quashed and set aside.
(iii) The appellants are acquitted of the charges.
(iv) Fine amount if paid to be refunded.
(v) The bail bond stands cancelled.
11 The Criminal Appeal is disposed off accordingly.
(SMT. SADHANA S. JADHAV,J)
Talwalkar 10/10
