CHAUDHARI MAVJIBHAI MEGHRAJBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present Appeal, under Section 374 of the Code of Criminal Procedure, is filed by the appellant original accused against the Judgment and order dated 31.08.2009 passed by learned 2nd Additional Sessions Judge, Mehsana, in Special (Atrocity) Case No.5 of 2009, whereby learned Special Judge has held the appellant accused guilty (i) for the offence punishable under Section 504 of I.P. Code and sentenced him to suffer rigorous imprisonment for six months and to pay a fine of Rs.1000/ - i/d to undergo SI for 3 months, (ii) for the offence punishable under Section 506(2) of I.P. Code and sentenced him to suffer rigorous imprisonment for one year and to pay a fine of Rs.1000/ - i/d to undergo SI for 3 months, and (iii) for the offence under Section 3(1)(10) of Atrocity Act and sentenced him to suffer rigorous imprisonment for six months and to pay a fine of Rs.1000/ - i/d to further undergo SI for three months. The learned Judge has ordered that the sentence imposed upon the accused shall run concurrently.

(2.) THE brief facts of the prosecution case are that the complainant had filed complaint before the District Development Officer against one Shankerbhai Bhikhabhai for the encroachment made by him. The DDO sent the said application to the Taluka Development Officer for doing the needful, but, the TDO has not done anything in the said complaint. It is alleged that again on 25.2.2008 the complainant had filed application before the TDO. The said application remained pending for long and since no action was taken by the TDO, on 26.3.2008 the complainant approached the Taluka Panchayat Office, Mehsana, where he contacted Chaudhari Mavjibhai, the appellant accused herein, who was the concerned person to look after the application of the complainant. It is alleged that on being asked by the complainant about his application, the appellant got excited and gave filthy abuses and used the filthy language about his caste and also gave threat to kill the complainant. Therefore, he gave complaint to D.S.P. Mehsana on 26.3.2008 against the appellant and thereafter he gave another complaint on 6.4.2008 to PSI, Mehsana against the appellant.

(3.) NECESSARY investigation was carried out by the Police. The statements of the complainant and other witnesses were recorded. Thereafter, after completion of investigation, the charge -sheet was filed against the appellant accused for offence under Sections 504, 506(2) of I.P. Code and under Section 3(1)(10) of Atrocity Act, before the Court of learned Chief Judicial Magistrate, Mehsana. As the offence under the Atrocity Act was triable by the Special Court, the learned Chief Judicial Magistrate, Mehsana, committed the said case to the court of learned Special Judge. The learned Special Judge framed the charges against the appellant accused. The appellant accused pleaded not guilty to the charge and claimed to be tried.