(1.) Heard learned APP Ms. C.M. Shah for the appellant - State at length.
(2.) The State has filed this acquittal appeal challenging the judgment and order dtd. 11/1/2008 passed by the learned Additional Sessions Judge and Fast Track Judge, Gandhinagar in the Sessions Case No.81 of 2006 for the offences punishable under Ss. 323, 504, 506(2) and 114 of the Indian Penal Code.
(3.) The brief facts of the case are that when the complainant was present at his home on 11/7/1999, at about 4:00 O'clock, at that time one truck came for delivering metal stones, as the construction work was going on at the nearby plot of the complainant. That, the truck delivered the metal stones in the open plot, without any conversation with the complainant, at that time, the present respondents- accused suddenly came, got excited and asked the complainant as to why the metal stones were delivered there, in response, the complainant told that he did not know anything. That, thereafter, the accused No.1 started giving abuses and on hearing this, the accused Nos. 2 and 3 also came there and started giving abuses to the complainant. That, as the daughter of the complainant also came there, the accused also given abuses to her and the accused No.3 gave her kick and fist blows. That, when son of the complainant Yogendra came there, accused No.2 gave him kick and fist blows. That, it is also alleged that the accused persons gave them threat to kill them and asked them to leave the place. That, the offence was registered, Panchnama of the place of incident was drawn and statement of the witnesses were recorded. That, after completion of the investigation, charge sheet came to be filed. 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 Additional Sessions Judge and Fast Track Judge, Gandhinagar acquitted the accused and therefore, the State has preferred this appeal.
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