2024:BHC-NAG:13668 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CRIMINAL APPEAL NO. 570 OF 2023 Punam Sureshrao Aundhakar Aged about 37 Years, Occupation-Service; R/o Near Mahendra Colony, Amar Nagar, V. M. V. Tahsil and District Amravati. … APPELLANT V E R S U S The State of Maharashtra Through the Police Station Officer, Police Station, Gadgenagar, Tahsil and District Amravati. … RESPONDENT WITH CRIMINAL APPEAL NO. 600 OF 2023 Datta Purushottam Dhomane Aged 47 Years, Occupation – Vice President of Zilla Parishad, Amravati, R/o Riddhapur, Tahsil Morshi, District Amravati. … APPELLANT V E R S U S State of Maharashtra Through Police Station Officer, Police Station, Gadge Nagar, Amravati, Tahsil and District Amravati. … RESPONDENT Mr. Anil S. Mardikar, Senior Advocate a/w Mr. Y. P. Bhelande, Advocate for Appellant in Criminal Appeal No. 570/2023.

Mr. P. V. Navlani, Advocate for Appellant in Criminal Appeal No. 600/2023.

Mr. A. M. Joshi, APP for Respondent/State in both the Appeals. CORAM : SANDIPKUMAR C. MORE, J.

JUDGMENT RESERVED ON : NOVEMBER 29, 2024. JUDGMENT PRONOUNCED ON: DECEMBER 14, 2024.

COMMON JUDGMENT . Both these Appeals are directed against one and the same Judgment and order of conviction dated 21/8/2023 passed by the learned District Judge-5 & Additional Sessions Judge, Amravati (hereinafter referred to as ‘the learned trial court’) in Sessions Case No. 128/2019. The Criminal Appeal No. 570/2023 is preferred by the Appellant/Punam Suresh Aundhakar i.e. Original Accused No.2 in the aforesaid Sessions Case, challenging her conviction at the hands of learned trial court for the offence punishable under Section 186 of Indian Penal Code. She is sentenced to suffer Simple Imprisonment for three months. Whereas, Criminal Appeal No. 600/2023 is preferred by the Appellant/Datta Purushottam Dhomane i.e. Original Accused No.1, challenging his conviction in the aforesaid Sessions Case recorded for the offences punishable under Section 353, 323 and 506(i) of Indian Penal Code. The Appellant/Datta is sentenced to suffer Rigorous Imprisonment for two years for the offence punishable under Section 353 of Indian Penal Code, Rigorous Imprisonment for one year for the offence punishable under Section 323 of Indian Penal Code and Rigorous Imprisonment for one year for the offence punishable under Section 506(i) of Indian Penal Code.

2. To avoid ambiguity, both the Appellants are referred by their names as Appellant/Punam and Appellant/Datta.

3. Background facts of the case are as under :

Sagar Patil i.e. the Complainant (PW-3) was posted as Block Development Officer at Panchayat Samiti, Bhatkuli, District Amravati. The Appellant/Datta was Vice Chairman of Zilla Parishad, Amravati at the relevant time and he was also the Chairman of Agriculture and Husbandry Department. The Appellant/Punam was posted as Development Officer (Agriculture) at Panhayat Samiti, Bhatkuli, District Amravati. At the relevant time, she was working under the control of Complainant Sagar Patil. The Complainant, on 6/3/2018, vide his office order had relieved the Appellant/Punam by noting flaws in her work.

On 7/3/2018, complainant Sagar Patil attended his office at about 10.30 a.m. The other staff members were also present on that day. However, at about 5.00 p.m. on the same day, both the Appellants/Accused along with the father of Appellant/Punam entered the chamber of Sagar Patil, where he was doing his official work along with his staff. The Appellant/Datta then asked Sagar Patil to recall his office order dated 6/3/2018 and to reinstate the Appellant/Punam again under his control. Since Sagar Patil refused for the same, the Appellant/Datta threw a chair towards Sagar Patil and also slapped him by holding his collar and assaulted him by hand.

Besides, the Appellant/Datta threatened Sagar Patil by uttering words that he would set his office on fire. The Appellant/Punam had also quarreled with Sagar Patil at the relevant time, and therefore, Sagar Pa