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2021 Supreme(Bom) 1167

S.G.DIGE, V.K.JADHAV
ABA – Appellant
Versus
State of Maharashtra – Respondent


Advocates appeared:
S.S.Thombre, Advocate, S.B.Solanke, Advocate, S.P.Deshmukh, Advocate

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/

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