The appellant and Babarao were, however, acquitted for companymission of the offence punishable under Section 3 1 x of the SC ST Act.
They also gave threat to Bala Saheb for causing injuries endangering his life.
By order dated 10.04.2006, the Additional Sessions Judge, Washim companyvicted the appellant and Babarao for the offences punishable under Sections 353, 504 and 294 read with Section 34 of IPC and awarded the sentences mentioned above.
Heard learned companynsel for the parties.So far as the appellant Haribhau is companycerned, his appeal was dismissed.
The appellant and Babarao felt aggrieved by the order of companyviction and sentence and filed appeal before the High Court of Bombay, Nagpur Bench.
By impugned order, the High Court allowed the appeal with respect to Babarao and acquitted him of all the charges leveled against him.
It is this incident which gave rise to lodging of FIR which was followed by the prosecution of the appellant Haribhau and Babarao for companymission of offences punishable under Sections 353, 504 and 294 read with Section 34 of IPC and in addition under Section 3 1 x of the Scheduled Castes and the Scheduled Tribes Prevention of Atrocities Act, 1989 hereinafter referred to as the SC ST Act .
On 05.04.2005, the appellant Haribhau and Babarao, who were Sarpanch and Member of the Gram Panchayat, Januna respectively visited the School and asked Bala Saheb as to why he came late in the School.
Bala Saheb offered his explanation.
Since Bala Saheb did number give the book, the appellant Haribhau caught hold of his shirts companylar and while using abusive language gave kicks and blows to him.
In short, the case of the prosecution is that Bala Saheb Ingole PW1 was serving as a teacher in Zilla Parishad Primary School at Januna, Tahsil Karanja District Washim MH .
The explanation offered by Bala Saheb did number satisfy the appellant and Babarao, therefore, they asked Bala Saheb for book of circleincharge maintained by the School.
In other words, the appellants companyviction and the sentence awarded by the Additional Sessions Judge was upheld giving rise to filing of this appeal by way of special leave by Haribhau in this Court.
Abhay Manohar Sapre, J. Leave granted.
All the sentences were directed to run companycurrently.
