RANJANBEN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Present Criminal Appeal has been preferred by the appellant - State of Gujarat under Sec. 378 of the Criminal Procedure Code, 1973 against the judgment and order dtd. 30/12/2014 passed by the learned 3 rd Additional Judicial Magistrate, First Class, Palanpur in Criminal Case No.5222 of 2011 acquitting the respondents - original accused from the offence punishable under Sec. 323 , 504 , 506(2) , 452 , 427 and 114 of Indian Penal Code.

(2.) The brief fact of the prosecution case is that on 28/8/2011 at around 12 PM, the respondent nos.2 to 5 were playing loud music in their house and at that time, the appellant told them to lower down the volume and thereafter, the respondent Nos.2 to 5 entered into the Verandah of the appellant and inflicted fists and hit with chain of cycle. It is further alleged in the complaint that the respondent Nos.2 to 5 abused and threatened the appellant with dire consequences and tore the gown worn by the appellant.

(3.) On the basis of the said complaint, investigation was started, statement of witnesses were recorded, prepared the panchnama of the scene of offence, arrested the accused and after through investigation, as there was sufficient evidence against the respondent - accused, Chargesheet was filed before the learned Judicial Magistrate, First Class and the case was numbered as Criminal Case No.5222 of 2011. Thereafter, Charge was framed against the accused for the offence punishable under Sec. 323 , 504 , 506(2) , 452 , 427 and 114 of Indian Penal Code. The accused pleaded not guilty to the Charges and claimed to be tried. The prosecution, therefore, laid evidence, oral as well as documentary. After the evidence was over, Further Statement of the accused was recorded under sec. 313 of the Code of Criminal Procedure and arguments were heard. At the conclusion of the trial, the learned trial court was pleased to acquit the accused for the charges levelled against them. Hence, the appellant has preferred the present Criminal Appeal challenging the judgement and order of acquittal.