(1.) The present Appeal is directed against the impugned judgment and order in Special Case No. 27 of 2005 by the learned Additional Sessions Judge and Special Judge, Dhrangadhra dtd. 25/9/2007 recording the acquittal for the charges under Sec. 323, 504, 506(2) of the Indian Penal Code and Sec. 3(1)(10) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 (hereinafter referred to as "the Atrocities Act").
(2.) The facts of the case briefly are that complainant - Lakhabhai Rupabhai Makwana has filed a complaint before the P.S.O. Dhrangadhra Taluka Police Station and according to the complaint, on 17/2/2005, complainant and prosecution witness Naranbhai Prabhubhai were sitting on Otla of Shaktimata's Mandir at village Virendranagar. At the relevant point of time, the Respondent - Accused, who was going on Motor Cycle was called by the complainant and he was informed to remove stones from his field as he was intending to cultivate the field. Therefore, the Respondent Accused got excited and gave filthy abuses to the complainant and prosecution witnesses relating to the caste of the complainant and gave him a kick and fist blow and also administered threat to cause death. At the relevant point of time, prosecution witness Naranbhai Prabhubhai intervened and saved the complainant from further beating. Therefore, complainant has filed a complaint before Dhrangadhra Taluka Police Station, vide Cr.No. II-08/2005 for the alleged offences under Ss. 323, 504, 506(2) of IPC and Sec. 3(1)(10) of the Atrocities Act.
(3.) Upon such FIR being filed, investigation started and the Investigating Officer recorded statements of as many as 7 witnesses and produced number of documentary evidence, and after completion of the investigation, Charge-sheet was filed against the accused for the offences 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 dtd. 25/9/2007, the learned trial Judge acquitted the accused person. Being aggrieved by the same, the State has preferred the present appeal.
ABOUT US "REGENT COMPUTRONICS PVT. LTD." is a Company incorporated in 1991 under the provisions of the Companies Act, 1956. Since its inception to 1995, the Company was busy in carrying out the activities related to various Banks' Job Work..
Read More
Sales: sales@the-laws.com
Support: info@the-laws.com
8000853936
9376168072
27, 4TH FLOOR, Agrawal Center, Ashram Road, Income Tax, Ahmadabad 380014.
LOGIN