GIRDHARBHAI VALABHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present appellant has preferred this appeal under sec. 374(2) of the Code of Criminal Procedure, against the judgment and order of conviction and sentence dated 30th March 1998 passed by the learned Special Judge (Atrocity) and Additional Sessions Judge, Banaskantha, Palanpur, in Special Case No.62 of 1994, whereby the learned Judge has convicted the appellants-accused under Section 323 read with Section 114 of the Indian Penal Code and sentenced them to undergo rigorous imprisonment for a period of one month and also imposed fine of Rs.250/- to each of the appellants-accused, and in default of payment of fine, ordered to undergo rigorous imprisonment for a further period of seven days. THE learned Judge has also convicted the appellants-accused under Section 325 read with Section 114 of the Indian Penal Code and ordered to undergo rigorous imprisonment for a period of two months and also imposed fine of Rs.250/- to each of the appellants-accused, and in default of payment of fine, ordered to undergo rigorous imprisonment for a further period of seven days. THE appellants are also convicted under Section 3(1)(10) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and sentenced to undergo rigorous imprisonment for a period of six months, and to pay fine of Rs.250/- to each of the appellants-accused, and in default of payment of fine, ordered to undergo rigorous imprisonment for a further period of 15 days. It is clarified that all the sentences shall run concurrently. However, the appellants-accused were acquitted from the offences punishable under Sections 504 and 506(2) of the Indian Penal Code.

(2.) IT is the case of the complainant that the complainant was doing agricultural work. They were four brothers and they had a dispute with the appellants-accused. IT is the case of the complainant that on 08th December 1992, at about 17:00 hours, while the complainant returning after grazing his cattle through Nalia, which is nearby his field, at that point of time, the appellants-accused came there and abuses the complainant about his caste by saying -Sala Dheda Kada- and told that why he was standing there. IT is also the case of the complainant that when complainant told the appellants-accused that he had not done anything wrong to them, the appellants-accused got excited and accused No.1 gave a stick blow on his left shoulder and the accused No.2 gave kick blows on the backside of the complainant. IT is also the case of the complainant that on shouting, mother of the complainant came there and on her intervention, complainant was saved from further beating and the appellants-accused went away abusing the complainant and threatened to kill him. Thereafter, the complainant wen to his house and told his wife about the incident in question and gone to hospital for treatment.

(3.) THEREAFTER, after examining the witnesses, further statements of the appellants-accused under Section 313 of the Code of Criminal Procedure were recorded in which the appellants-accused had denied the case of the prosecution.