BHIKHABHAI MOTIBHAI CHAVDA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The question which arise for consideration in the present matter is the aspect of entertainment of appeal, preferred by the original complainant, inspite of the fact that the State has preferred Appeal against the order of acquittal in which the leave has been granted by this Court and the Appeal is admitted.

(2.) Reference to certain facts may be relevant.

(3.) The applicant - appellant before this Court is the original complainant/victim of Special Case No. 35 of 2006 which arose from the complaint filed vide CR No. 37 of 2005 of Panshina Police Station for the offences under Sections 394, 325, 504, 506(2) read with Section 114 of I.P. Code and for the offence under Section 3(1)(10) of the Prevention of Atrocity (Scheduled Tribes & Scheduled Caste) Act, 1989 (for short 'Atrocity Act'). At the conclusion of the trial the learned Special Judge passed the judgment and order dated 13.4.2009 whereby the accused therein, who are the respondents herein, have been acquitted for the offences under Sections 394, 504, 506(2) read with Section 114 of I.P. Code and for the offence under Section 3(1)(10) of the Atrocity Act read with Section 135 of the Bombay Police Act. However, so far as the offence under Section 323 r/w 114 of I.P. Code is concerned, the learned Special Judge convicted the accused Nos. 1,2 & 3 with the imprisonment of one month and the fine of Rs. 500/- and in default simple imprisonment for 10 days. The pertinent aspect is that against the Judgment and the order of the learned Special Judge, so far as it relates to the acquittal of the accused for certain offences, namely, Sections 394, 504, 506(2) and 114 of I.P. Code and for the offence under Section 3(1)(10) of the Atrocity Act and for the offence under Section 135 of the Bombay Police Act, the State has preferred Appeal, being Criminal Appeal No. 1412 of 2009, and as the Appeal was arising from the order of acquittal, the application for leave to prefer appeal has also been preferred by the State being Criminal Misc. Application No. 9201 of 2009. This Court (K.S. Jhaveri & Z.K. Saiyed, JJ) vide order dated 9.10.2009 in Criminal Misc. application No. 9201 of 2009 had granted leave to prefer Appeal and thereafter on 25.11.2009 this Court had admitted the Appeal and the bailable warrant in the sum of Rs. 5000/- has been issued against all the accused.