NANJIBHAI RAVJIBHAI AND ORS Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present Appeal, under Section 374 of the Code of Criminal Procedure, is filed by the Appellants - original accused against the judgment and order dated 08.04.1999 passed by learned Special Judge, Metro City Court & Additional Sessions Judge, Ahmedabad (Rural), Ahmedabad, whereby learned Judge has held the Appellants - accused guilty (i) for the offence punishable under Section 3(1)(10) of the Atrocity Act and sentenced them to suffer rigorous imprisonment for 3 years and 1 month and to pay a fine of Rs. 500/ - each i/d to undergo SI for one month; (ii) accused No. 1 was held guilty of the offence under Section 323, 114 of I.P. Code and sentenced him to suffer RI for 3 months and to pay a fine of Rs. 100/ - i/d to undergo SI for one month; and (iii) accused Nos. 2, 3 & 4 were held guilty for the offence under Sections 323, 114 of I.P. Code and imposed fine of Rs. 500/ - each i/d to undergo SI for one month. The learned Judge has ordered that the sentences imposed upon the accused shall run concurrently. However, the learned Judge has acquitted the Appellants - accused of the offences under Sections 504, 506(2) and 114 of I.P. Code.

(2.) THE brief facts of the prosecution case are that the complainant Rekhaben belongs to Scheduled Tribe, residing at Vankarvas. It is alleged that in Vankarvas there was no facility for drinking water and, therefore, the village people have collected the fund and put the hand pump in the territory of village Panchayat and the villagers are taking the water from the said hand pump. It is alleged that the complainant and other residents of Vankarvas are going to take water, but, the other village people are not permitting them to take water and they are quarreling with them. It is alleged that on 2.6.1996, the complainant and witness Gauriben Jethabhai had gone to take water on the hand pump, at that time, the accused No. 1 also came there to take the water. It is alleged that accused No. 1 had instigated the accused Nos. 2, 3 and 4 and, therefore, they have beaten the complainant and also gave filthy abuses and used the filthy language about her caste and gave a threat to kill her . Therefore, the complainant lodged her complaint against the accused in Barvala Police Station. 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. Thereafter, after completion of investigation, the charge -sheet was filed against the Appellant - accused for offence under Sections 3(1)(10) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 (for short "Atrocity Act") and under Sections 323, 504, 506(2) and 114 of Indian Penal Code before the Court of learned Special Atrocity Judge, Ahmedabad (Rural), Ahmedabad. The learned Special Judge framed the charges against the Appellants - accused. The Appellants - accused pleaded not guilty to the charge and claimed to be tried.