AJIT AMRATBHAI MARFATIA (TRIVEDI) Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BY this application under section 482 of the Code of Criminal Procedure, 1973 (the Code), the applicants ? original accused No.7 and 8 seek quashing of the first information report registered vide Siddhpur Police Station I ? C. R. No.206/2008.

(2.) THE second respondent ? first informant lodged the above referred first information report against the applicants and six others alleging commission of the offences punishable under sections 323, 337, 504, 506(2) IPC and under section 3(1)(10) of the Schedule Castes & Schedule Tribes (Prevention of Atrocities) Act, 1989.

(3.) A perusal of the first information report shows that the allegations made therein are to the effect that on 20.10.2008, in the evening when the first informant was sitting at his residence, in connection with an incident that had taken place in the morning, one Arvindji, Mangaji Khengarji Thakor, Badarji Vaktaji Thakor, Gati Savdhanji Thakor, Barkuji Talaji Thakor and two sons of Arvindji came together and abused him in relation to his caste and started saying that, kill him and took pieces of bricks lying near by and threw the same on his house whereby he sustained injuries on his right leg, on his back and on his left hand and that his brother Kanubhai Mavjibhai Solanki who came in between was injured on his head and on his side and other women and persons were also injured. Since the injuries were simple, they had not gone for treatment. That thereafter, some other persons of the locality having come there, they had stopped throwing stones and after hurling abuses in respect of their caste and threatening to kill them, the accused had gone away. Thereafter, it is stated that prior to the said quarrel, the applicants herein had come to the locality of the Thakors and had instigated the Thakors to quarrel with them. That at the instigation of applicants, the above referred persons had quarreled with them and thrown stones on them and had hurled abuses at them. On the basis of the aforesaid allegation, the applicants are stated to have committed the offences noted hereinabove.