GUNVANTBHAI MANUBHAI KOLI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present Appeal, under Section 374(II) of the Code of Criminal Procedure, is filed by the appellants (original accused Nos. 1 to 4) against the Judgment and order dated 05.03.1998 passed by learned Additional Sessions Judge, Surat, in Sessions Case No.170 of 1993, whereby learned Judge has held the appellants (original accused) guilty (i) for the offence punishable under Section 341 and 114 of I.P. Code read with Section 3(1)(10) of Atrocity Act and sentenced them to suffer simple imprisonment for 6 (six) months and to pay a fine of Rs.500/- each i/d to further undergo SI for 20 days; (ii) held the appellants No.1 & 2 - original accused guilty for the offence under Section 323 of I.P. Code and sentenced them to suffer SI for 3 months and to pay a fine of Rs.500/- each i/d to undergo further SI for 20 days. The learned Judge has acquitted the accused for the offences under sections 504, 506(2) of I.P. Code, and acquitted the appellant - accused No.2 for the offence under Section 135 of the B.P. Act. The learned Judge has also granted the benefit of probation to the appellant No.3 - original accused No.3. The learned Judge has ordered that the sentences imposed upon the accused shall run concurrently.

(2.) The brief facts of the prosecution case are that the complainant was serving as Teacher in village Pal, Dist. Surat. It is alleged that on 16.10.1993, at about 11.00 a.m., when the complainant was reaching home from his school, at that time, near Shivajinagar in two vehicles, the accused came near him and stopped him and said "Gamtala, Chaudhara, why do you wrongly instigates the hutments people and get dumping for levelling in Zumpadpatti"? The accused were also giving filthy abuses to the complainant and thereafter, accused No.1 caught hold of the collar of his shirt and gave fisticuffs on his face. The accused No.2 gave blow of cycle chain on his back and the accused Nos. 3 & 4 were giving filthy abuses and accused No.4 also gave threat to cause his death. It is alleged that at that time persons nearby came and, therefore, the accused ran away. It is also alleged that while going away they also gave threat that "you Advisasis, vacate the hutments and go somewhere, otherwise some worst thing would happen. Thereafter, the complainant filed complaint on 16.10.1993 before Rander Police Station vide CR No. I - 412/93 against the accused for the offences under Sections 341, 323, 504, 506(2), 114 of I.P. Code and under Section 3(1)(10) of of the Scheduled Caste & Scheduled Tribe (Prevention of Atrocities) Act, 1989 (for short "Atrocity Act") and Section 135 of the Bombay Police Act. The police registered the offence against the accused and investigated into the matter.

(3.) Necessary investigation was carried out by the Police. The statements of the complainant and other witnesses were recorded. Panchnama of scene of offence was also drawn. The complainant injured was sent for medical treatment in the Hospital. Thereafter, after completion of investigation, the charge-sheet was filed against the appellants - accused for offences under Sections 341, 323, 504, 506(2), 114 of I.P. Code, under Sections 3(1)(10) of the Atrocity Act and under Section 135 of the Bombay Police Act before the Sessions Court. The learned Additional Sessions Judge framed the charges against the appellants - accused. The appellants - accused pleaded not guilty to the charge and claimed to be tried.