STATE OF GUJARAT Vs. INDUBHAI BHIKHABHAI BHARWAD

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 05.01.1995 passed by the learned Special Judge, Kheda at Nadiad, in Special Atrocity Case (Atrocity) No. 47 of 1993, whereby the learned Judge has acquitted the respondent - original accused from the charges levelled against him. The brief facts of the case are that on 12.05.1993 at about 6.00 p.m, when the complainant went to his field at Village : Dharoda, at that time, in his field, the buffaloes were grazing standing crop and the accused was standing there. The complainant told the accused about the same. Thereupon, the accused was excited and gave abuses to the complainant and also threatened to beat him. Thereafter, the complainant filed complaint against the respondent - accused for the offences punishable under Sections 504 and 506(2) of the Indian Penal Code and under Section 3(5) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, before Dharoda Police Station.

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

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