STATE OF GUJARAT Vs. PATEL DASHRATHBHAI REVABHAI

JUDGEMENT

(1.) Learned advocate Mr. Pawan Barot for the respondents states at bar that so far as respondent No. 1 - Patel Dashrathbhai Revabhai, respondent No. 2 - Ramanbhai Revabhai Patel and respondent No. 4 - Shantaben Wd./ O. Revabhai Chaturdas are concerned, they have expired. In support of his submission, he has produced on record copies of their death certificates. Accordingly, the present appeal is abated qua the respondent Nos. 1, 2 and 4. So far as respondent No. 3 - Vasantiben D/o. Revabhai Chaturbhai is concerned, she is present before the Court.

(2.) This appeal is preferred by the appellant - State under Sec. 378(1) (3) of the Criminal procedure Code, 1973 (Code) against the judgment and order dtd. 26/4/2010 passed in Special (Atrocity) Case No. 4 of 2010 by the learned Special Judge (Atrocity), Main Court, Gandhinagar, recording the acquittal of the respondents - original accused for the charges under Ss. 332, 323, 186, 504 and 506(2) of the Indian Penal Code, 1860 (IPC) and Sec. 3(i)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (the Atrocity Act) and Sec. 135 of the Bombay Police Act.

(3.) Brief facts of the prosecution case are that on 4/4/2008 when complainant - Vipulkumar Vinodchandra Ambekar, who was serving as Junior Engineer in Kukarwada, GEB Divisional Office, was on duty with other staff members and went to Chadasana village for checking with regard to electricity theft at the resident of the respondents - accused, the respondents got excited and infuriated and gave filthy abuses to them and also insulted of their caste and made assault with brick and wooden stick. Thus, the respondents committed the offence in question for which, complaint came to be registered against them.