REGENT COMPUTRONICS PVT. LTD.

STATE OF GUJARAT Appellant

V/S

Bharvad Bambhva Dalabhai Dhunabhai Respondents

Referred Judgements :-

JUDGEMENT

(1.) Though served, none appears for the respondents. The matter is old, of 2008. Hence, the Court proceeded with the matter.

(2.) This appeal is filed by the appellant - State under Sec. 378(1)(3) of the Code of Criminal Procedure, 1973 challenging the judgment and order dtd. 12/4/2007, passed in Special Case No. 9 of 2005 by the learned Presiding Officer and Additional Sessions Judge, Special Judge (Atrocity), Fast Track Court No. 1, Dhrangadhra, recording the acquittal.

(3.) Facts in brief are that on 20/8/2004, the respondents - accused, forming unlawful assembly and with a common object, as complainant Manabhai Virabhai asked them to keep their cattle out of the field, keeping grudge of the same, gave abuses to the complainant against his caste and then, beat him with stick and thus, committed the offence punishable under Ss. 143, 147, 504, 323, 506(2) r/w. 114 of the Indian Penal Code, 1860 (IPC) and Sec. 3(i)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (Atrocity Act) and Sec. 135 of the Bombay Police Act, for which, FIR came be to registered against them. 3.1 Upon FIR being filed, investigation started and the Investigating Officer recorded statements of several witnesses and produced certain documentary evidence and after completion of the investigation, Charge- sheet was filed against the accused for the offence in question. The case was committed to the Sessions Court and the learned trial Judge framed the Charge. Since the accused did not plead guilty, trial was proceeded against the accused. Vide impugned judgment and order, the learned trial Judge acquitted the accused. Being aggrieved by the same, the State has preferred the present appeal.

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STATE OF GUJARAT Vs. BHARVAD BAMBHVA DALABHAI DHUNABHAI

Referred Judgements :-

JUDGEMENT

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