BABUBHAI NATHUMAL HEMRAJANI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present appellant has preferred this appeal under sec. 374(2) of the Code of Criminal Procedure, against the judgment and order of conviction and sentence dated 13.3.2006 passed by the learned Addl. Sessions Judge, 9th Fast Track Court, Godhra, Dist. Panchmahals in Sessions Case No. 9/2004 (Atrocity), whereby, the learned Judge has convicted the appellant for the offences under sec. 323, 504, 506(2), 342, 384 and 201 of IPC and for all the offences, the appellant accused was directed to pay a fine of Rs. 500/- for each of the offence, in default to undergo S/I for one month for each offence. However, the appellant has been acquitted by the learned Judge for the offence under sec. 3(1)(10) of Scheduled Caste & Scheduled Tribes (Prevention of Atrocity) Act.

(2.) The brief facts of the prosecution case is as under:

(3.) As per the case of the prosecution, the complainant and his son were working with the appellant in the manufacturing of bricks. When the complainant had gone to the appellant for money of their labour work, the appellant has abused about his caste and beaten him and after parking his bicycle near the office, the complainant was naked and put inside a small room for three days and torn out the labour card.