STATE OF GUJARAT Vs. RAMESH KANTIBHAI CHAUHAN

JUDGEMENT

(1.) THE appellant State has filed this appeal under section 378 of Criminal Procedure Code, 1973 and challenged the judgment and order of acquittal passed by learned Judicial Magistrate First Class, Balasinor, 10/8/2004, in Criminal case no. 446/2002 acquitting the respondent accused for the offences punishable under sections 323, 504, 506(2) and 114 of I.P.C. and section 135 of Bombay Police Act.

(2.) ACCORDING to the prosecution case, first informant Rameshbhai Kantibhai Chauhan lodged FIR at Balasinor Police Station on 25/4/2002 alleging that when he was at his agriculture land, the cattles of respondent accused Rameshbhai Kantibhai entered his agriculture land. Therefore, he rebuked Rameshbhai Kantibhai, who got enraged and hit stick blow on his head. On account of shouts, Rangit Kantibhai Chauhan ? brother of Rameshbhai Kantibhai and Amrutben Kantibhai Chauhan came there and started giving abuses and gave kicks and fists blows to him. The accused also gave threats to him. On account of shouting, Bhalabhai Mangalbhai and Babarbhai Hemabhai came there and intervened.

(3.) LEARNED APP Ms. Shah submitted that the first informant victim and eye witness have supported the prosecution case and medical evidence indicates that the respondent accused was responsible for the injuries. Therefore, the Trial Court committed error in acquitting the respondent accused and hence, the impugned judgment is required to be set aside. PW 1 ? victim Rameshbhai Kantibhai Chauhan, in his deposition recorded at exh 10, has deposed that Rangitbhai was giving abuse and respondents accused Rangitbhai and Amrutben came there and respondent accused hit stick on his head. The witness has, in cross examination, admitted that he has enmity with respondent accused.