BABUBHAI RAJABHAI CHAVDA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS revision has been filed by the original complainant under Section 397 read with Sec.401 of the Code of Criminal Procedure and under Sec.482 of the Code of Criminal Procedure seeking to quash and set aside judgment and order dated 8-7-2004 passed in Special Case No.5 of 2003 by the learned Special Judge, Jamnagar whereby the present respondent Nos.2 and 3-original accused were acquitted from the charges levelled against them.

(2.) THE facts in nutshell are that a complaint was filed by the applicant-original complainant before Panchkosi Police Station for the offences punishable under Secs.323, 504, 507(2) of IP Code and Sec.135 of B.P.Act and Sec.3(1)(10) of Atrocity Act against the present respondent Nos.2 and 3-original accused. It was alleged that on 29-8-2002 at 4 p.m., when the applicant went to accused Nos.1 and 2 for tea and bidi, the accused asked to pay the old dues. Since he told to pay after some days, the accused beat and abused the applicant telling about his caste causing injuries to the applicant. A complaint was therefore lodged before Jamnagar Police Station. At the end of investigation, police filed charge sheet against the accused. THE case was numbered as Special Case No.5 of 2003 before the learned J.M.F.C., Jamangar and it was committed to the Court of Special Judge, Jamnagar. At the end of trial, learned Special Judge vide impugned judgment and order acquitted the accused. Hence, the present revision by the applicant-original complainant.

(3.) IT is however submitted by learned advocate, Mr.Premal S.Rachh that trial court has discussed the medical evidence in great detail. IT was also held by the learned Special Judge that investigation has been carried out below the rank of Dy.S.P. which is against the mandatory provisions and hence, the accused is entitled to get order of acquittal. In view of the above, it is stated that this revision be dismissed.