BHIKHABHAI VERSIBHAI RABARI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE appellants have preferred the present appeal against the judgment and order of conviction and sentence dated 29th April 2000 passed by the learned Additional Sessions Judge, Sabarkantha, camp at Modasa, in Atrocity Case No.06 of 1999, whereby the appellants have been held guilty for the offence punishable under Sections 506(2) read with Section 143 of the Indian Penal Code and for the offence punishable under Section 3(1)(10) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

(2.) IT is the case of the prosecution that annual meeting of Milk Society was held on 31st January 1999 at village Gokharva wherein it was resolved that the old Committee should be dissolved and new Committee should be appointed. IT was also resolved that old employees of the Milk Society to be relieved. IT is also the case of the prosecution that since the Secretary, Tester and Milk Collector did not handover their charge and therefore, a meeting of Executive Committee of Milk Society was called on 01st February 1999 wherein members of the Milk Society were present. IT is also the case of the prosecution that accused-Bhikhabhai came there and he was told by the complainant to handover the charge as per the Resolution passed in the meeting. IT is also the case of the prosecution that at that time other accused persons came there and refused to comply with the Resolution and refused to handover the charge. IT is also the case of the prosecution that the accused persons threatened the complainant and other members to kill them and also abused them by using words against their caste. Therefore, a complainant to the said effect was registered on 02nd February 1999 with Modasa Rural Police Station.

(3.) THEREAFTER, trial was conducted before the learned Judge. To prove the case of the prosecution, prosecution has produced oral as well as documentary evidence.