STATE OF GUJARAT Vs. KARSANBHAI BACHUBHAI BARAD

JUDGEMENT

(1.) Present Criminal Appeal has been preferred by the appellant - State of Gujarat under Sec. 378 of the Criminal Procedure Code, 1973 against the judgment and order dtd. 11/11/2010 passed by the learned Additional Sessions Judge, Veraval in Sessions Case No.30 of 2009 acquitting the respondent Nos.1 and 2 - original accused Nos.1 and 2 from the offence punishable under Sec. 323, 504, 506(2) and 114 of Indian Penal Code and under sec. 3(1)(11) of Scheduled Caste and Scheduled Tribes (Prevention of Atrocity) Act (hereinafter referred to as "the Atrocity" Act).

(2.) The crux of the case of the prosecution is as under:-

(3.) On the basis of the said complaint, investigation was started, statement of witnesses were recorded, prepared the panchnama of the scene of offence, arrested the accused and after through investigation, as there was sufficient evidence against the respondent Nos.1 and 2 - accused Nos.1 and 2, Chargesheet was filed before the learned Judicial Magistrate, First Class. As the offence committed by the accused persons was exclusively triable by the Court of Sessions as per the provisions of Sec. 209 of Criminal Procedure Code, the learned Magistrate was pleased to commit the case to the Court of Sessions and the case was transferred and placed for trial in the court of learned Additional Sessions Judge, which has been numbered as Sessions Case No.30 of 2009. Thereafter, Charge was framed against the accused for the offence punishable under Sec. 323, 504, 506(2) and 114 of Indian Penal Code and under sec. 3(1)(11) of Atrocity Act. The accused pleaded not guilty to the Charges and claimed to be tried. The prosecution, therefore, laid evidence, oral as well as documentary. After the evidence was over, Further Statement of the accused were recorded under sec. 313 of the Code of Criminal Procedure and arguments were heard. At the conclusion of the trial, the learned Sessions Judge was pleased to acquit the accused for the charges levelled against them. Hence, the appellant - State of Gujarat has preferred the present Criminal Appeal challenging the judgement and order of acquittal.