PADAMBHAI GANESHBHAI HARIJAN CHAMAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS revision has been filed by the original complainant under Section 397 read with Sec.401 of the Code of Criminal Procedure challenging the judgment and order dated 10-7-2006 passed by the learned Addl. Sessions Judge, Banaskantha at Palanpur in Special (Atrocity) Case No.116 of 2004 whereby the respondent Nos.2 to 5-original accused were held not guilty of the charges levelled against him.

(2.) SHORT facts leading to present revision are that a complaint was filed by the applicant-original complainant against the respondent Nos.2 to 5-original accused before Mavsari Police Station registered as C.R.No.I-20 of 2004 for the offences punishable under Sec.323-504-506(2)-447 and 114 of IPC and Sec.3(1)(10) of Atrocity Act. As the offence of Atrocity Act alleged against the accused was exclusively triable by the Court of Sessions, case was committed to the District Court and Sessions Court, Banaskantha at Palanpur, under Sec.209 of Cr.P.C. Charge was framed against the accused at Ex.5. The accused denied the charges and claimed to be tried. After hearing the learned advocates appearing for the respective parties, the learned Addl. Sessions Judge, Banaskantha at Palanpur, at the end of trial, acquitted the accused of the charges levelled against them. Being aggrieved by the said acquittal, the original complainant preferred this revision.

(3.) RELIANCE is placed on a decision of the Apex Court reported in (2010)2 Supreme Court Cases page 190 in the case of Sheetala Prasad and Others Vs. Sri Kant and another wherein it has been held para 12 as under: