KHUMANSINH ARJUNSINH RATHOD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present Appeal is filed by the appellant original complainant, under Section 378 Cr. P.C., against the Judgment and order dated 31.08.2001 passed by the learned Judicial Magistrate, First Class, Dakor, in Criminal Case No. 1030 of 1987, whereby the learned Magistrate has acquitted the accused respondents No.2, 3 & 4 from the offences under Sections 323, 324, 504, 506(1), 114 of I.P. Code. THE said Judgment of the learned Magistrate has been challenged by the appellant complainant on the ground that the Judgment and order passed by learned Magistrate is against the law and evidence on record.

(2.) IT is the case of the appellant complainant that on 30.09.1985 at 8.00 O'clock in the morning when he was in his house, the accused came and attacked the complainant and his family by weapon like stick/danda. The accused have also gave fist and kick blows to the complainant and his wife and son. Thereafter the complainant was taken to the police station and was again beaten by the accused and thereafter he was tied with rope and accused No.2 has removed his mustaches and hairs of his head was also removed. He was also threatened by the accused for killing him. Therefore, the complainant filed his complaint against the accused in the Court of learned JMFC, Dakor, on 1.10.1985, which was registered as M. Case No. 59 of 1985 for the offences punishable under Sections 323, 324, 504, 448, 506(1) and 114 of I.P. Code. The learned Magistrate sent the said complaint for police investigation under Section 156(3) Cr. P.C. Thereafter, after receipt of the said report from the Police, the complaint was registered and the summons were issued against the accused. During the trial, original accused No.2 Sunilkumar Virendrabhai Oza and accused No.3 Daudbhai Driver have expired and as such the charge was framed against the remaining original accused Nos.1, 4 & 5 i.e. respondents No.2 to 4 herein.

(3.) HEARD learned Advocate Mr. Dalal for the appellant and learned A.P.P. Mr. Jani for the respondent State.