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2014 DIGILAW 1680 (BOM)

Prakash Gopalrao Pohare v. State of Maharashtra

2014-07-31

M.L.TAHALIYANI

body2014
JUDGMENT Appellant Nos.1 to 6 were accused in Sessions Trial No.33/1997 decided by the learned Additional Sessions Judge, Akola on 24-8-1998. All the appellants have been convicted for the offences punishable under Sections 143, 147 and 332 read with Section 149 of the Indian Penal Code. Appellant Nos.1, 2, 6, 7, 8 and 9 have been sentenced to undergo imprisonment for a period of fifteen days each for the offences punishable under Sections 143 and 147 of the Indian Penal Code and rigorous imprisonment for three months for the offence punishable under Section 332 read with Section 149 of the Indian Penal Code. Appellant Nos.3, 4, and 5 were released on execution of bail bonds under the Probation of Offenders Act. 2. I have heard learned Senior Counsel Shri Anil Mardikar for the appellants and learned Additional Public Prosecutor Mrs. Rashi Deshpande for the respondent/State. I have gone through the evidence of witnesses, particularly the evidence of P.W.4-Sukhdeo Sonar, who was heading the police party. It was the case of respondent that the members of police patty were assaulted by the appellants and others in prosecution of common object of unlawful assembly when the members of police party were on duty. The intention of the unlawful assembly was to prevent P.W.4 and other police officers from discharging their duties as such police officers. 3. After having gone through the evidence of P.W.4, I have come to the conclusion that the villagers were mainly against the country liquor shop because of rising incidents of excess consumption of liquor by the villagers. And therefore, some Gram Panchayats in the area had passed resolution to close the liquor shops in their respective villages. The village Mana is one of such villages. It is during the course of an attempt by the villagers to close the liquor shop, the quarrel took place between the policemen and the villagers. Two offences, one the present offence and another Crime No.96/1994 were registered by the police. Few private complaints were filed by the villagers against the police arising out of the same incident. 4. Briefly stated, the intention of the mob was not bad. In fact, the villagers had a good intention of stopping the villagers from excess consumption of liquor. It is in the heat of passion that the incident had occurred and some policemen were assaulted. The appellants were not hardened criminals. 4. Briefly stated, the intention of the mob was not bad. In fact, the villagers had a good intention of stopping the villagers from excess consumption of liquor. It is in the heat of passion that the incident had occurred and some policemen were assaulted. The appellants were not hardened criminals. They have no criminal background. Some of them are now beyond the age of seventy years. The incident had occurred in the year 1994. The appeal is being decided after about eighteen years. 5. Considering the fact that the offence had taken place long back and also considering the fact that some of the appellants were sixty years old at the time of incident and now they might have crossed seventy and eighty years of their age and also considering the nature of offence. I am inclined to extent the benefit of Section 4 of the Probation of Offenders Act, extended by the trial Court to appellant Nos.3, 4 and 5. Hence, I pass the following order. The appeal of appellant Nos.1, 2, 6, 7, 8 and 9 is partly allowed. The conviction of appellant Nos.1, 2, 6, 7, 8 and 9 for the offences punishable under Sections 143, 147 and 332 read with Section 149 of the Indian Penal Code is maintained. The sentence part of the order is, however, modified as under: Appellant Nos.1, 2, 6, 7, 8 and 9 shall be released on execution of personal bond of Rs.10,000/- (rupees ten thousand) each for a period of one year with the condition that during the said period of one year they will maintain peace and good behaviour and they will appear before this Court and the trial Court as may be required to receive the sentence, if any. Bonds shall be executed before the trial Court. The fine amount deposited by the appellants shall be refunded to them. Their earlier bonds shall stand cancelled. The appeal of appellant Nos.3, 4 and 5 stands dismissed. The appeal accordingly stands disposed of. Ordered accordingly.