STATE OF GUJARAT Vs. BABU MERAM AND ORS

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 20.07.1999 passed by the learned Additional Special Judge, Amreli, in Special Case No.2006 6 SCC 39 of 1992, whereby the learned Judge has acquitted the respondents accused from the charges levelled against them.

(2.) THE brief facts of the case of prosecution is that on 28.09.1992, at about 9.00 p.m., the complainant started from Jamka to Bagasara with his cousin sisters Tejiben and Radiyaben and cousin brother Vaghji in his rickshaw bearing No.GTW -7354 and the said rickshaw was driving by another cousin brother Dalpat Kalabhai. When the said rickshaw reached near Village : Jethiyavdar and at that time one another rickshaw driven by Kathi Babo of Bagasara Village dashed with the rickshaw of the complainant and the toolbox of rickshaw of Baba dashed with right hand wrist of Tejuben and thereupon she was injured. Thereupon, the complainant told Baba that he should either treat Tejiben in hospital or to take his rickshaw to the police station. It is alleged in the complaint that said Baba told the complainant that he will treat Tejiben at Village : Bagasara and Baba started to Bagasara at that time accused Amru Nanku was with him. Therefore, the complainant and other persons started towards Bagasara in rickshaw. When they reachd near Mahajan Dela, Village : Bagasara, at about 9.30, accused Baba came there from opposite direction and at that time in rickshaw of accused Baba, other accused persons were also sitting in the rickshaw. It is alleged in the complaint that some quarrel took place between the accused and complainant and the accused abused the complainant by his caste. Therefore, the complainant lodged complaint against the accused respondents for the offences punishable under Sections 323, 147, 148, 149 of the Indian Penal Code, under Section 135 of the Bombay Police Act and under Section 3(1)(10) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989. Thereafter, after investigation, the Police filed charge -sheet against the accused in the Court of learned Magistrate.

(3.) TO prove the case against the present respondent accused, the prosecution has examined the witnesses and also produced documentary evidence.