Bombay High Court
The State Of Maharashtra vs Sambhaji Mhatarji Nagare And Others on 15 December, 2023
Author: Vibha Kankanwadi
Bench: Vibha Kankanwadi
appeal-759-2023 with 760-2023.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CRIMINAL APPEAL NO.759 OF 2023
THE STATE OF MAHARASHTRA
VERSUS
TARABAI W/O BHAGWAN NAGARE AND OTHERS
...
WITH
CRIMINAL APPEAL NO.760 OF 2023
THE STATE OF MAHARASHTRA
VERSUS
SAMBHAJI MHATARJI NAGARE AND OTHERS
...
Mr. S. D. Ghayal, APP for the appellant - State in both the appeals.
...
CORAM : SMT. VIBHA KANKANWADI AND
ABHAY S. WAGHWASE, JJ.
RESERVED ON : 4th December, 2023
PRONOUNCED ON : 15th December, 2023
ORDER [Per Smt. Vibha Kankanwadi, J.] :-
. Both the appeals have been filed under Section 14-A(1) of the
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989
(hereinafter referred to as the "Atrocities Act") by the prosecution to
challenge the acquittal of the respondents in both the appeals in Sessions
Case Nos.193 of 2011 and 382 of 2011 by learned Special Judge, under the
Atrocities Act/District Judge-2 and Additional Sessions Judge, Aurangabad
on 05.08.2019. All the respondents stood prosecuted for the offence
appeal-759-2023 with 760-2023.odt
punishable under Sections 143, 147, 148, 307, 324, 504, 506 read with
Section 149 of the Indian Penal Code and under Section 3(1)(x) of the
Atrocities Act.
2. The prosecution case in short is that all the accused persons had
committed criminal trespass over the land Gat No.346 corresponding to
Survey No.206 admeasuring 11 Acres owned by informant Sahebrao
Gangawane and his brothers. It was standing in the name of father of the
informant. It is also alleged that the accused persons committed mischief
by cutting maize and fodder worth Rs.50/-, assaulted informant and
witnesses with the help of deadly weapons like ripen-hooks, sticks, iron
rods, sickles etc.
3. Heard learned APP Mr. S. D. Ghayal for the appellant - State in both
the appeals.
4. The prosecution has examined in all eleven witnesses to bring home
the guilt of the accused. We have perused the material which was before
the learned Trial Judge and the impugned judgment. A common judgment
has been passed. It is to be noted from the depositions that informant has
supported his FIR. There are eye witnesses, who have been examined.
Medical evidence is also recorded. The investigation is by the then Sub
Divisional Police Officer, Aurangabad Gramin. It has come on record that
the informant is a member of Scheduled Caste. From the impugned
appeal-759-2023 with 760-2023.odt
judgment, it appears that there is reproduction of evidence and in cryptic
manner some observations are made in paragraph No.20. Whether those
observations were sufficient to acquit all the respondents, is a question.
Role attributed to each and every accused should have been segregated and
what evidence has come in respect of each and every accused ought to have
been considered is our prima facie opinion. Definitely, the case deserves
re-appreciation, as it appears that P.W.1, P.W.3 and P.W.4 were consistent in
deposing that all the accused abused in the name of caste and they were
holding the weapons. Only P.W.2 appears to be saying that Nagare and
relatives had caused the obstruction and assault. Under the said
circumstance, case is made out to admit the appeals.
5. Both the appeals stand admitted, as there is no similar provision as
Section 390 of the Code of Criminal Procedure in the Atrocities Act and the
Atrocities Act dos not debar application under Section 390 of the Code of
Criminal Procedure. We direct that the compliance be made under Section
390 of the Code of Criminal Procedure.
6. Call record and proceedings with paper-book.
5. Stand over to 15.01.2024.
[ ABHAY S. WAGHWASE ] [ SMT. VIBHA KANKANWADI ]
JUDGE JUDGE
scm
