NATHABHAI PITHABHAI RAJTIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard learned advocate Mr. D.M.Kamdar for learned advocate Mr. Ashish M. Dagli for the applicants, learned APP Ms. Maithili Mehta for the respondent No.1 - State and learned advocate Mr. Nikhil Vyas for the respondent No.2.1 - legal heirs of the original complainant.

(2.) By way of this application, the applicants pray for quashing of FIR being No.II/129/2017 registered with Kesod police station, District: Junagadh on 11.9.2017 for the offence punishable under Sections 323, 506(2) and 114 of IPC as well as Sections 3(1)(R)(S) and 3(2)(5)(a) of the Prevention of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

(3.) The allegations as levelled in the complaint by the complainant against the applicants herein in brief being that, the complainant is residing at village Sarod, Taluka Kesod, District Junagadh and whereas, he is earning his livelihood by working as an agriculture labour. On the date of the incident, the complainant had gone to the place Pithiya Sheri near Ram Mandir where the work of construction of road was going on. When the complainant had reached the said place, he had seen the applicants and he had inquired from them that as there is a road already existing, then why a fresh road is being constructed on the said place. It is alleged that upon hearing the query of the complainant, the applicants had got agitated and had asked him as to who was he to inquire and the applicant No.1 had taken a spade which was lying there and assaulted the complainant on his head whereupon the complainant had fallen down during which time, other applicants had also assaulted the complainant. It is alleged that during this time, the relatives of the complainant had reached the place of incident and had saved the complainant from further assault and whereas, the applicants had left the place and while leaving, they had abused the complainant using caste specific abuse and had also threatened him that they will kill him whenever they meet him next time.