1 AJ-240.97 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE  CRIMINAL CRIMINAL APPEAL NO.240 OF 1997 1. Govind Janabha Kumbhar 2. Appa Babu Nandavadekar 3. Narayan Janaba Kumbhar All residents of Vatangi, Taluka Ajara, District Kolhapur. .... Appellant - Versus - State of Maharashtra .... Respondent S/Shri G.N. Salunkhe with V.S. Kokitkar for the Appellant. Shri J.P. Kharge, Addl. Public Prosecutor, for the State. CORAM: R.C. CHAVAN, J. DATED: FEBRUARY 08, 2011 ORAL JUDGMENT: 1. This appeal is directed against the conviction of appellant No.1 for the offence punishable under Section 3(1)(x) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short, the SCST Act ), Section 7(1)(d) of the 2 AJ-240.97 Protection of Civil Rights Act and Sections 353 and 506 of the Indian Penal Code (for short, the IPC ) as also conviction of appellant Nos. 2 and 3 for the offences punishable under Section 506 of the IPC. The appellants have been sentenced to various terms of imprisonment and fine by the learned Special Judge, Kolhapur upon conclusion of trial of Special Case No.9 of 1996 before him. 2. The facts which are material for deciding this appeal are as under: The first informant Narayan was working with the Electricity Board at Village Vatangi in Ajara Taluka of Kolhapur District. On 14-2-1996 he had gone to a doctor at about 9 p.m. for treatment of his wife. When he and his wife were returning, the appellant Govind is alleged to have addressed the first informant Narayan as Mhardya and questioned him as to why the first informant had disconnected electricity supply to Govind s premises. Thereafter, the appellant Govind is alleged to have hit the first informant with foot-wear. The appellant Appa Nandavadekar held the victim s hands while the appellant Narayan Kumbhar also beat him up. The victim claimed that some persons gathered there and took him 3 AJ-240.97 to his room. On the next day, his colleague Laxman took him to the police station at Ajara where an offence was registered. 3. The victim Narayan was referred for medical examination and was found to have some simple injuries. In the course of the investigation, a Police Head Constable conducted panchnama of the spot and seized a shirt belonging to the victim. He also recorded the statements of witnesses. Further investigation was allegedly done by PSI Patil and on completion of the investigation charge- sheet seems to have been directly sent to the Court of the Special Judge, who ordered issuance of process against the appellants. Charges for offences punishable under the Sections afore-stated were framed against the appellants, to which the appellants pleaded not guilty and hence were put on trial at which the prosecution examined in all nine witnesses to bring home the guilt of the appellants. After considering the evidence tendered at the trial in the light of the defence of denial, the learned Special Judge held the appellant Govind guilty of the offences punishable under Section 3(1)(x) of the SCST Act and Section 7(1)(d) of the Protection of Civil Rights Act and Sections 4 AJ-240.97 353 and 506 of the IPC but acquitted him of the offences punishable under Sections 504 and 506 of the IPC. He convicted the other two appellants of the offences punishable under Section 506 of the IPC but acquitted them of all the other offences. He inflicted sentence of RI for six months upon the appellant Govind for the offence under Section 3(1)(x) of the SCST Act and sentenced him and the other appellants to various terms of imprisonment and fine for the other offences. Aggrieved thereby, the appellants are before this Court. 4. I have heard the learned counsel for the appellants and the learned APP for the State. Rule 7 of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Rules, 1995 mandates that an offence punishable under the provisions of the SCST Act has to be investigated by an officer not below the rank of a Deputy Superintendent of Police. In this case, most of the investigation seems to have been carried out by a Police Head Constable and some final touches were given by a Police Sub- Inspector, who was not examined before the trial Court. Thus, as far as the offence punishable under Section 3(1)(x) of the SCST Act is concerned, the investigation itself was 5 AJ-240.97 vitiated. The object of directing investigation to be carried out by a senior police officer was defeated and a rag-tag charge-sheet was sent to the trial Court. Therefore, the conviction of appellant No.1 Govind for the offence punishable under Section 3(1)(x) of the SCST Act cannot at all be sustained. 5. All the same, with the help of both the learned counsel for the appellants and the learned APP, I have gone through the evidence tendered to find out whether the learned Special Judge was justified in holding the appellants guilty of the offending acts. When an offence is made up of only verbal tirade, a a Judge would have to bear in mind that such an allegation could be easily made and therefore would have to ensure that there is sufficient corroboration. In this case, the learned counsel for the appellant may be right in submitting that since the incident itself was imaginary, only two witnesses who were examined, came with different stories. The first informant Narayan was examined as PW-4 and his wife Gangu was examined as PW-6. While Narayan was emphatic that they were returning after the treatment of his wife, his wife Gangu stated that they were returning because the 6 AJ-240.97 doctor was not available. The learned APP submitted that this discrepancy is irrelevant since it pertains to something which happened before the incident. This contention has to be rejected, since both the husband and wife had stated about the cause of their being at the spot at the relevant time and both diferred as to whether their aim of getting treatment for Gangu had been accomplished or not. 6. The learned APP next submitted that there is evidence of doctor Ashok who was examined as PW-5 to show to show that the first informant PW-4 Narayan had injuries on his person and therefore in view of existence of those injuries Narayan s words were rightly believed by the learned Special Judge. The learned counsel for the appellant pointed out, first, that all the injuries which had been observed by the doctor were simple. They were tenderness in abdominal area which, according to the doctor, could be caused by heavy drinking. The second injury was abrasion on right ear and on the bridge of the nose which, according to the doctor, could be self- inflicted or could also occur if a person comes in contact with rough surface. The third injury is tenderness and stiffness in right shoulder. 7 AJ-240.97 The doctor also stated that if 2-3 persons continuously beat the victim, more injuries ought to have been seen. In the light of the suggestion that the victim was a drunkard and had fallen, which was denied by PW-4 Narayan, it cannot be said that the injuries are totally inexplicable or are of such a nature as to give a ring of truth to the account of the incident given by Narayan. Narayan had stated in his evidence that people had assembled there and placed him in his room. His wife Gangu also stated that people rescued her husband but curiously no independent eye-witness is examined to support the word of Narayan and Gangu. When independent eye-witnesses are available, their non-examination, particularly in a case of this type, would cast a serious doubt of the veracity of the evidence of the victim and his wife. 7. PW-2 Pandurang proved the seizure of shirt from the victim. The learned APP submitted that the victim s shirt had been seized. In my view, this is absolutely insignificant. It does not connect the appellants to the crime. The prosecution had also examined one Maruti, who was panch to the spot panchnama, as PW-1. He turned hostile. 8 AJ-240.97 PW-3 Krishna was a panch at the search of the appellants which did not yield anything incriminating. PW-7 Laxman, the colleague of Narayan had visited Narayan on the next morning. PW-8 Irappa is the Police Head Constable who recorded the first information report and PW-9 is Police Head Constable Ananda who conducted the investigation in part. Considering this nature of the evidence, the learned Special Judge ought to have rejected the interested words of Narayan and Gangu and should have held that the offences were not at all made out. 8. It is not clear as to what duty, as a public servant, Narayan was discharging when he was bringing his wife back from the dispensary and how the assault on him at that time could attract the offence punishable under Section 353 of the IPC. The conviction of appellant No. 1 Govind for the offence punishable under Section 353 of the IPC by the learned Special Judge also vitiates his conclusions drawn in respect of the other offences. 9. In view of this, the appeal is allowed. The conviction of the appellants for the offences as stated above, is set aside and the 9 AJ-240.97 sentences of imprisonment and fine imposed upon them are set aside. Fine, if paid, be refunded. Their bail bonds stand cancelled. Sd/- (R.C. CHAVAN, J.)