RAMABHAI KANABHAI CHAVDA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner abovenamed, being the original informant in Special Atrocity Case No. 2/98, in the Court of Special Judge at Mehsana, has preferred this Criminal Revision Application under Section 397 of the Code of Criminal Procedure, 1973 (for short "Code") against the judgement and order dated 18.3.2000 recorded by the learned Special Judge at Mehsana in Special Atrocity Case No. 2/98, under which, the learned Judge acquitted contesting respondents Nos. 2 to 4 from the offences punishable under Sections 332, 504, 506(2), 426 read with Section 117 as well as for the offence punishable under Section 3(1)(10) of the Schedule Caste and Schedule Tribe (Preventions of Atrocity) Act.

(2.) The petitioner abovenamed had preferred FIR before Kadi Police Station. It was registered as CR. No. 2731/97 for the aforesaid offences. It was alleged that petitioner was a public servant discharging his function as such at the relevant point of time on 14.8.1997 around 4.30 p.m. at Gram Panchayat Office. That at that time, respondent Nos. 2 to 4 had abused him and had also beaten him. That these respondents had also threatened petitioner and the abusive language used by contesting respondent was such that it insulted the present petitioner with respect to his caste and therefore, contesting respondents had committed the above said offences as per the case of petitioner.

(3.) On the strength of the FIR as above, investigation was gone into and after conclusion of the investigation, chargesheet was filed and the case was registered before learned Special Judge. There, the charge was framed for the aforesaid offences. The contesting respondents pleaded not guilty to the said charge. After hearing evidence and arguments, the learned Judge found that the case of the prosecution was not established and therefore, contesting respondents came to be acquitted by the said Court.