JUDGMENT

V.K. Jadhav,J. - This appeal is directed against the judgment and order of conviction passed by the Additional Sessions Judge-2, Ambajogai, dated 30.04.2014 in Special Case (under Atrocity Act) No. 3 of 2013.

2. Brief facts giving rise to the prosecution case are as follows:-

a) The appellant original accused No.1 Aba @ Munjaba s/o Rajabhau Giri was knowing that P.W. 9 Gopinath Nivrutti Tarkase R/o. Kendrewadi, belongs to Mahar caste, which is included in the Scheduled Caste. On the basis of the complaint lodged by said Gopinath Tarkase, crime No. 119 of 2011 for the offences punishable under sections 323, 435, 504 of I.P.C. and under Section 3 (1) (x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter for the sake of brevity referred to as the "Atrocities Act") came to be registered against the appellant accused Aba @ Munjaba s/o Rajabhau Giri on 30.11.2011. In connection with said crime No. 119 of 2011, the appellant-accused Aba @ Munjaba s/o Rajabhau Giri was arrested and he was sent to jail. According to the prosecution story, in order to take revenge against said P.W. 9 Gopinath Tarkase, the appellant-accused Aba @ Munjaba s/o Rajabhau Giri had purchased one carbon mobile from a mobile shop at Ambajogai in the name of P.W. 9 Gopinath Tarkase and obtained a receipt of that carbon mobile in the name of P.W. 9 Gopinath Tarkase. Similarly, accused appellant Aba @ Munjaba s/o Rajabhau Giri purchased a Radio of Aparna company and three battery cells. He also purchased explosive substances i.e. gelatin and detonators from original accused No.2 Datta s/o Sahebrao Jadhav. The said Accused No.2 Datta Sahebrao Jadhav sold the explosive substance to appellant Aba @ Munjaba s/o Rajabhau Giri. It is the case of the prosecution that absconding accused No.3 Lala @ Bhavarlal Ramdayal Baheti supplied explosive substance viz. Gelatin and detonators to accused No.2 Datta.

b) It is further case of the prosecution that the appellant-accused Aba @ Munjaba s/o Rajabhau Giri has put those explosive substances i.e. gelatin and detonators in the said radio of Aparna company purchased by him. He has put the said radio in a box. The appellant-accused thereafter put that box containing the said radio and receipt of carbon mobile purchased in the name of P.W. 9 Gopinath Tarkase in one box and put that box in a bag and put that bag in Ambejogai-Kurla, Mumbai Bus bearing registration No. MH-23-BL-2055.

c) It further reveals from the prosecution story that one Oam Ramesh Nimbalkar was the bus conductor. Even though said bag was not claimed by anybody, the conductor Oam Nimbakar did not deposit the said bag in the S.T. Depot at Ambejogai and he had taken the said bag at his house. After reaching to his house, when he put battery cells in the Radio and switched on the Radio, there was a blast causing grievous injuries to said bus conductor Oam Nimbalkar and his family members. In the said blast, conductor Oam Nimbalkar lost his two hands below the wrist and both eyes. His wife Usha lost one eye and one leg below the knee. His mother Kusum lost her eye sight. His son Kunal lost his both eyes.

d) As per the prosecution case, the accused persons in furtherance of their common intention purchased the explosive substance and Aparna company's radio with intention to injure the life and property of the person. They have also fabricated false evidence for conviction of a member of Scheduled Caste category i.e. P.W. 9 Gopinath Tarkase which may lead to his conviction for more than seven years to capital punishment. Thus, the appellant alongwith absconding accused committed offences punishable under Sections 3, 4 and 5 of the said Act of 1908, Section 336, 337, 338 of I.P.C. and Section 3(2) (ii) of the Atrocities Act.

e) P.W. 5 Dinkar Sukhdeo Dhambale, who was working as Police Sub Inspector at Kaij Police Station, had received information over telephone on 30.11.2012 about the blast at village Kalegaon Ghat betwee