STATE OF GUJARAT Vs. PATEL ISHWARBHAI MAHADEVBHAI

JUDGEMENT

(1.) BY way of present appeal, filed under Section 378 of the Code of Criminal Procedure, 1973, the appellant has challenged the judgment and order of acquittal dated 9.7.1993 passed by the learned Special Judge & Additional Sessions Judge, Palanpur at Banaskantha, in Special Case No.45 of 1992. The said case was registered against the respondents­original accused for the offences punishable under Sections 143, 147, 148, 149, 323, 324 and 426 of the Indian Penal Code, under Section 135 of the Bombay Police Act and under Section 3(1)(10) of the Prevention of (Scheduled Caste and Scheduled Tribe) Atrocities Act.

(2.) ACCORDING to the prosecution case, on 9.1.1992 at about 17:30 hours the accused persons formed an unlawful assembly illegally near Bus - stand of Dhanera Village, Distt. Banaskantha and common intention of the assembly was to cause injury to Harijan Purshottam Galba and thereby committed offence punishable under Sections 147 and 148 of the Indian Penal Code. The accused persons armed with iron rod and stick assaulted Harijan Purshottam Galba on head, elbow of hand and on back and thereby committed an offence punishable under Section 323 of the Indian Penal Code. On the same day accused persons torn shirt of the complainant and caused damage of Rs.10/ - and thereby committed an offence punishable under Section 426 of the Indian Penal Code. On the day of offence as per Notification of District Magistrate there was ban to move with weapon, yet the accused persons moved with iron rod, stick and khilasari and thereby committed an offence punishable under Section 135 of the Bombay Police Act. The accused persons insulted Harijan Purshottam Galba with deliberate intention and threatened him and thereby committed an offence punishable under Section 3(1)(10) of the Prevention of (Scheduled Caste and Scheduled Tribe) Atrocities Act.

(3.) THEREAFTER , charge came to be framed and explained to the accused persons, to which the accused persons pleaded not guilty and claimed to be tried.