Bombay High Court
Shivaji Siddheshwar Khilare vs The State Of Maharashtra And Ors on 6 October, 2023
Bench: Bharati Dangre
1/3 4 APEAL-329-19.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 329 OF 2019
Shivaji Siddheshwar Khilare .. Appellant
Versus
The State of Maharashtra and ors .. Respondents
...
Mr. Vaibhav Gaikwad, for the appellant.
Mr. Sandeep Salunkhe, for the respondent nos.2 to 45.
Mr. S.R. Agarkar, APP for the State.
CORAM: BHARATI DANGRE, J.
DATED : 6th OCTOBER, 2023
P.C:-
1 The grievance made in the present appeal is non-
compliance of Section 15(A) of the Scheduled Castes and
Scheduled Tribes (Prevention of Atrocities) Act, 1989 and it is
asserted that the appellant is one of the victim of the incident in
terms of Section 2 (ec), of the Scheduled Castes and Scheduled
Tribes (Prevention of Atrocities) Act, 1989 and therefore, when
the trial proceeded without notice to him as well as the other
injured witnesses, the judgment is flawed with such illegality.
The complaint lodged by Siddheshwar Waydande
dated 17/05/2013 refer to an attack on the people belonging to
his community at the hands of the accused persons, who belong
to Maratha caste and on the date of incident i.e. 17/05/2013, it is
alleged that the name of the accused persons accompanied by
with 40 to 50 other people armed with sticks and stones caused
Ashish
2/3 4 APEAL-329-19.doc
an attack and several persons were injured and Shivaji Khilare
i.e. the present appellant is one of them.
The informant in his first information report
categorically state that after mounting the assault on the
members of his family, the mob gained an entry into the house of
Sampabai Maruti Mhaske, and assaulted her and also hurled
casteist abuses. They started pelting stones on the whole hamlet
and people started running helter skelter. The informant also
state that when Shivaji Khilare of their community was riding on
the motorcycle, the mob encircled him and hit him with the stick
on his head causing him grievous injury, as a result of which he
fell down and damage was caused to his moped by the mob by
use of sticks.
2 In the backdrop of the aforesaid incident, Mr.
Gaikwad has invited my attention to the impugned judgment,
where the prosecution has chosen to examine 5 witnesses from
the informant's family, who have turned hostile. According to
Mr. Gaikwad neither the Court bothered to ensure compliance of
Section 15(A) of the special statute nor the prosecution requested
the Court to identify them as victims and ensure the compliance
of this imperative statutory mandate.
It is the specific submission of the learned counsel
for the appellant that the members of the informant's family
turned hostile, but there were other witnesses, who are also
victims of the mayhem, by a group of 40 to 50 people with a
specific intention to cause harm and humiliation to the members
of his community and the Court ought to have considered this
Ashish
3/3 4 APEAL-329-19.doc
incident with all it's seriousness, as it was a mob assault.
3 When the charge-sheet along with the list of
witnesses is perused, it is evident that the statement of the
appellant along with those who are mentioned to have sustained
any injury or harm as per the complaint are recorded. It is not
clear whether the prosecution cited them as witnesses, and
particularly when the submission of learned counsel for the
appellant is that he is not resident of the village and was not
aware about the proceedings in the trial court.
In the aforesaid case, let the learned APP Mr.
Agarkar, seek necessary instructions from the Investigating
Officer, whether notices were issued to the appellant and other
injured persons, and if not, what remedy and measures can be
taken at this stage when evidently there is no compliance of
Section 15(A) of the Act of 1989. At the request of learned APP,
list on 31/10/2023.
( SMT. BHARATI DANGRE, J.)
Ashish
