LAWS(GJH)-2012-7-35

STATE OF GUJARAT Vs. PRAJAPATI DALABHAI DEVKARNBHAI

Decided On July 04, 2012
STATE OF GUJARAT Appellant
V/S
PRAJAPATI DALABHAI DEVKARNBHAI Respondents

JUDGEMENT

(1.) THE present Appeal, under Section 378 of the Code of Criminal Procedure, is filed by the appellant � State of Gujarat against the Judgment and order dated 31.7.1995 passed by learned Sessions Judge, Sabarkantha at Himatnagar, in Atrocity Case No. 24 of 1994, whereby the learned Judge has acquitted the respondents � original accused from the charges alleged against them. Against the said Judgment, the appellant � State has filed present Appeal against respondents � original accused.

(2.) THE brief facts of the prosecution case are that the complainant Rajiben wd/o Ramabhai Kodarbhai Vankar had sent the written complaint to the P.S.I., Idar Police Station, alleging that on 29.1.1994 she has done fencing in her agricultural land where the respondents � accused have come there and gave filthy abuses to her and also insulted her about her caste and started cutting the fencing. However, at the intervention of Vajiben d/o the complainant they had gone to their house and at that time also it is alleged that the respondents gave threats and filthy abuses to the complainant. The offences under Sections 143, 352, 447, 504, 427 of I.P. Code and under Section 3(1)(5) of Atrocity Act was registered against the respondents � original accused.

(3.) BEING aggrieved by and dissatisfied with the aforesaid Judgment and order of acquittal, the appellant � State of Gujarat has preferred this Appeal.