STATE OF GUJARAT Vs. ANANDBHAI DAHYABHAI BHARWAD

JUDGEMENT

(1.) THE present appeal, under Section 378 of the Code of Criminal Procedure, 1973, is directed against the judgment and order of acquittal dated 03.07.2003 passed by the learned Joint Judicial Magistrate, First Class, Ahmedabad (Rural), Navrangpura in Criminal Case No. 107 of 2001, whereby the accused has been acquitted of the charges leveled against them.

(2.) THE brief facts of the prosecution case are that on 07.09.2002 at about 11.30 p.m. in the night Jagdish - son of the complainant went to the field where he saw 60 to 70 cattle were grazing in the field of the complainant and the accused No. 1 along with other 6 to 7 Bharwad were present there. Thereafter, the son of the complainant Jagdish asked the accused why he was grazing his cattle in his field. Thereupon, the accused No. 1 and other 6 to 7 persons threatened to beat him and further told him to return back to his home. Thereafter, Jagdish went to his house and informed his father about the said incident. It is alleged that the complainant and one Dashratbhai Sendhabhai went to the field of the complainant. On seeing the complaint, the accused drove away with his cattle from the field of the complainant. It is the case of the prosecution that the accused was grazing his cattle in the field of the complainant where the standing crops of black bean, Castor seed, pigeon pea and moong and thereby caused loss to the tune of Rs. 10,000/ -.

(3.) THEREFORE , a complaint with respect to the aforesaid offence was filed against the respondent with the Sarkhej Police Station which was registered as C.R. II No. 149/2000. Necessary investigation was carried out and statements of several witnesses were recorded. During the course of investigation, respondents were arrested and, ultimately, charge -sheet was filed against them.