STATE OF GUJARAT Vs. KHANABHAI D PATEL

JUDGEMENT

(1.) THE present appeal, under Section 378 of the Code of Criminal Procedure, 1973, is directed against the Judgment and order of acquittal dated 30.01.1993 passed by the learned Additional Sessions Judge, Palanpur, at Banaskantha, in Special Case No. 29 of 1991, whereby the learned Sessions Judge has acquitted the respondents � accused from the charges levelled against them.

(2.) THE brief facts of the case of prosecution is that on 19.09.1990, when the complainant was at his house, Jagta Devshi (accused No.2) and Khana Devshi (accused No.1) were passing near the house of the complainant. At that time, the complainant came out from the house and told Jagta Devshi that they should not walk near his house, because he had illicit relation with the wife of his son Navi. It is alleged in the complaint that the complainant scolded the accused, saying that they should not come near his house. Thereupon, Jagta Devshi (accused No.2) and Khana Devshi (accused No.1) got excited and started abusing the complainant and accused No.2 � Jagta Devshi assaulted axe on the complainant by axe, the complainant got injured on his hand. The accused No.1 gave kick and fist blows to the complainant and he had also stick. It is alleged in the complaint that the complainant started shouting, and therefore Viha Bhudar, Nasa Bhala and Gaja Hada gathered there, and the accused ran away. Therefore, the complainant lodged complaint against the accused � respondents for the offences punishable under Sections 323, 324, 325, 452, 454, 506(2), and 114 of I.P. Code, under section 135 of the Bombay Police Act and under Section 3(1)(10) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. Thereafter, after investigation, the Police filed charge-sheet against the accused in the Court of learned Magistrate.

(3.) BEING aggrieved by and dissatisfied with the Judgment and order passed by the trial Court the appellant � State has preferred the present Appeal.