KAMLESHBHAI SHIVSHANKER PATHAK Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE appellant has preferred the present appeal under Section 374 of the Code of Criminal Procedure, 1973 against the judgment and order of conviction and sentence dated 25th October, 2001 passed by the learned Special Judge (Atrocities), Ahmedabad (Rural), Ahmedabad, in Special Case No.66 of 1997, whereby the learned Special Judge has convicted the appellant-accused for the offence punishable under Section 3(1)(v)(x) and Section 441 of the Indian Penal Code and sentenced him to undergo rigorous imprisonment for a period of six months under Section 3(1)(v) of the Atrocities Act, and also imposed fine of Rs.500/-, and in default of payment of fine, sentenced him to undergo rigorous imprisonment for a further period of one month. THE learned Special Judge has also convicted the appellant-accused for the offence punishable under Section 3(1)(x) of the Atrocities Act and sentenced him to undergo rigorous imprisonment for a period of six months, and also imposed fine of Rs.500/-, and in default of payment of fine, sentenced him to undergo rigorous imprisonment for a further period of one month.

(2.) THE brief facts of the prosecution case is that on 28th February, 1997 at about 20.30 hours, the appellant-accused along with other co-accused had illegally entered into the premises of the complainant and asked for common plot. It is also the case of the prosecution that the appellant-accused and other co-accused used abusive language and also mentally tortured the complainant. It is also the case of the prosecution that the accused persons have intentionally insulted ad intimated the complainant by calling their caste's name and also threatened to kill.

(3.) IN order to bring the home the charge levelled against the accused persons, the prosecution has examined witnesses as also produced documentary evidence on record in support of the case.