REGENT COMPUTRONICS PVT. LTD.

STATE OF GUJARAT Appellant

V/S

Thakorbhai Vajesing Bariya Respondents

Referred Judgements :-

JUDGEMENT

(1.) Heard learned APP Ms. Jirga Jhaveri for the appellant - State and learned advocate Ms. Samata V. Patel for the respondent No. 1 at length.

(2.) The State has filed this acquittal appeal challenging the judgment and order dtd. 22/2/2008 passed by the learned Special Judge, Narmada (Rajpipla) in the Special Atrocity Case No. 1 of 2008 for the offences punishable under Ss. 323 , 504 and 506(2) of the Indian Penal Code and Sec. 3(1)(10) of the Atrocity Act, 1989.

(3.) The brief facts of the case are that the complainant Kantibhai Mohanbhai Rohit registered a complaint on 10/6/2007 at about 9:30 hours, with the Tilakvada Police Station, Bharuch for the offences punishable under Ss. 323, 504 and 506(2) of the Indina Penal Code and under Sec. 3(1)(10) of the Atrocity Act, 1989, stating that the complainant Kantibhai Mohanbhai Rohit is residing at Limpura, Taluka: Tilakvad and the Talapura Village is located near the Limpura Grampanchayat. That, at the time of incident, at night, the work of Pond of the village was going on for digging the pond through the Government Policy and spreading the soil in the surrounded area of the pond. During that time, when the Sarpanch and other people of village were standing there, the accused Thakorbhai Vajesingh Variya came there and told that "Dheda Khalpa tu Sarpanch Banya Chhe, Tari masti hamna utari dau chhu tu badhana Gharpase Mati Nakhvi aape Chhe and Mara Ghar Pase Kem Nakhto Nathi" and by giving filthy abuses to the complainant and the accused got provoked and beaten the complainant and other witnesses, and therefore, the complaint has been registered against the accused. That, after completion of the investigation the Police has filed charge sheet before the learned Judicial Magistrate First Class, Narmada (Rajpipla) for the offence punishable under Ss. 323 , 504 and 506(2) of the Indian Penal Code and Sec. 3(1)(10) of the Atrocity Act, 1989. Then, thereafter, the matter was committed to the learned Sessions Court and the case was registered as Special Atrocity Case No. 1 of 2008. Since, the accused has not pleaded guilty to the charge and claimed to be tried and the prosecution therefore, led the evidence. At the conclusion of the trial, the learned Special Judge, Narmada (Rajpipla) acquitted the accused and therefore, the State has preferred this appeal.

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STATE OF GUJARAT Vs. THAKORBHAI VAJESING BARIYA

Referred Judgements :-

JUDGEMENT

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