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2013 DIGILAW 515 (BOM)

State of Maharashtra v. Sadashiv Shankar Mali

2013-03-04

K.U.CHANDIWAL

body2013
JUDGMENT :- Heard extensively. Acquittal recorded by learned Additional Sessions Judge, Dhule in Sessions Case No.122/1996 for offence punishable under Sections 120(B), 143, 147, 452, 504, 506, 332, 395 r/w 149, 323 and 427 of IPC, dated 29.11.2001, is questioned. The appeal was admitted on 1.3.2004. 2. The incident in the school has allegedly taken place on 6.4.1996 when PW 4, the complainant Satav was working as Head Master in the school. Few ladies had allegedly• barged, there was altercation. They smeared black colour to the complainant and few had extended fists blows to him. Madan Nimba Choudhari was in another cabin. He was also allegedly thrashed by few of the ladies when male were standing outside the cabin of said Madan. PW 6 -Baburao Wagh refers in his evidence in chief that, he was serving in the institution during the last 35 years. Initially he was junior clerk, later, he was promoted as senior clerk. He states that the incident has taken place on 6.4.1996 at around 10 a.m. while he was sitting in the office of the school. He confirmed that Madan Choudhari or Mr. Bhamre were also sitting there 8-10 ladies entered in the office. Out of those, he has identified Vijaya Mahajan and Ashalata Jadhav, as they were the members of the staff. Black colour was smeared on the face of Madan Nimba. He was dragged by the ladies. Head Master Satav was also brought there. A treacherous situation prevailed there. 15-20 ladies were present. In paragraph 3, he says, "I had not seen and it did not come to my notice as to who were those, who had smeared black colour. It is true that I did not know and I have not identified to those ladies, who had brought the then Head Master Satav. Those ladies were never shown to me by the police." 3. Eight witnesses were put in. PW 1 was a photographer; PW 2 Dr. Sundar Kulkarni had examined PW 5 Madan and PW 4 Raghunath, the complainant. PW 2 has issued Certificates in respect of injuries of simple nature suffered by the witnesses. PW 4 has suffered contusion of left eyebrow. There was no grievous injury to any of the witnesses, as stated by PW 2. 4. As there were allegations of snatching of chain, gold ornaments by these persons, charge under Section 395 of IPC was also framed. 5. PW 4 has suffered contusion of left eyebrow. There was no grievous injury to any of the witnesses, as stated by PW 2. 4. As there were allegations of snatching of chain, gold ornaments by these persons, charge under Section 395 of IPC was also framed. 5. PW 7 Arjun Deore was serving as Peon in the institution. He repeats the incident datcci 6.4.1996, 6-7 women had come to the chamber of the Head Master Satav. He was abused. He named those women as accused No.3, accused No.4 and accused No.2. Few of the ladies caught hold collar of the Headmaster. Few had smeared black colour to his face. The headmaster was brought in veranda, he was abused. Though the incident had taken place on 6.4.1996, the police recorded statement of PW 7 after two days. He was not confronted with accused No.5 to be a daughter of Smt. Jadhav madam, still his statement was recorded. He was not even knowing name of wife of Shri S. N. Mali. He accepts, at the time of so called incident, there was meeting going on in the office of the president of the school, which had been attended by Sadashiv Anna, Babulala Khalane, Lotan Gobji Mali. Lotan Jadhav was president of the management of the school. He accepts that the accused no.2, accused no.3, accused no.4, accused no.7 and accused no.5, were not those ladies, who had entered in the office in the beginning. He has thus given a clean-chit to those accused, though in first part of evidence, he referred about commotion in respect of PW 4, the complainant Satav. 6. Analysis of the evidence, carried by the learned Additional Sessions Judge, infer and indicate that, owing to management dispute in the educational institution; and the headmaster was not taking prompt action against the erring persons, the atmosphere was surcharged. A different colour and shade was given to the so-called event of snatching of gold chain of the witnesses. There was no element of dacoity, there was no unlawful assembly, as the prosecution desire. The acquittal recorded does not call for interference. The Criminal Appeal dismissed. Appeal dismissed.