JANAKBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Present appeal under Sec. 374 of the Criminal Procedure Code, 1973 (for brevity, "the Code") is directed against the judgment and order dtd. 20/11/2017, passed by the learned 3rd Additional Sessions Judge / Special Judge, Anand in Special (Atrocity) Case No. 15 of 2015, whereby, the appellants - original accused came to be convicted for the offence punishable under Ss. 323 r/w. 114 of the Indian Penal Code , 1860 (for brevity, 'the IPC ') and sentenced to undergo rigorous imprisonment (RI) for one year and a fine of Rs.1,000.00 each and in default of payment of fine, to undergo further RI for three months. However, the appellants - accused came to be acquitted of the offences punishable under Ss. 504 , 506(2) , 427 r/w. 114 of the IPC and Ss. 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act , 1989 (for brevity, "the Atrocity Act'). Accordingly, the present appeal has been filed by the appellants - original accused against conviction.

(2.) Brief facts of the prosecution case are that on 19/7/2014 at about 6:30 p.m. when complainant - Mehulkumar Jayantilal Jadav was at home, accused No. 1 - Janakbhai @ Alpeshbhai Mafatbhai Rabari, who was standing near back side gate of his home and staring at the complainant with anger, the complainant asked for the reason, to which, the appellant No. 1 - accused No. 1 started abusing him and then assaulted with wooden stick on his right leg. When the father of the complainant intervened, accused No. 2 - Harjibhai @ Arjunbhai Bhagabhai Rabari, who happens to be the brother of the accused No. 1, came there with an iron pipe and assaulted his father. Thereafter, the mother of the complainant and other society people gathered and saved the complainant and his father. However, while leaving also, the accused persons threatened them and also abused them of his caste. Thus, the accused committed the alleged offence for which, a complaint came to be lodged against them.

(3.) Heard Mr. Vijay Nangesh, learned advocate for the appellants - original accused, Mr. Chintan Dave, learned Additional Public Prosecutor for the respondent - State and Mr. Jigneshkumar Nayak, learned advocate for the respondent No. 2 - original complainant.