(1.) Present appeal has been filed by the appellant - State under Sec. 378(1)(3) of the Code of Criminal Procedure, 1973 challenging the judgment and order dtd. 13/4/2007, passed in Special Case No. 82 of 2006 by the learned Additional Sessions Judge, Fast Track Court, Deesa, recording the acquittal.
(2.) Facts, in brief, are that on 14/4/2006 when complainant - Kantibhai Vashrambhai Parmar was at Deesa Court, the respondent - original accused, a practicing Advocate, demanded fees from his relative namely Chhaganbhai Ajabhai and also asked them to fetch stamp papers, and thereafter, further demanded Rs.500.00. It is further the case of the prosecution that, on further demand of Rs.500.00 being made, the younger brother of the complainant denied the same saying that his father-in-law (Chhaganbhai Ajabhai) had already paid the amount. Due to which, the respondent - accused got infuriated and slapped the younger brother of the complainant. He also slapped the complainant who tried to free his younger brother and also gave them filthy abuses of their caste. He also raised his hand against witness Dashrathbhai jivanbhai who intervened. The accused also threatened the complainant to done to death to them. Thus, respondent committed the offence in question for which, FIR came to be registered against him.
(3.) Heard, learned APP Ms. Jirga Jhaveri for the appellant - State and learned advocate Ms. Sweta Lodha for Mr. Virat Popat, learned advocate for the respondent.
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