REGENT COMPUTRONICS PVT. LTD.

Usmanbhai Babubhai Malek Appellant

V/S

STATE OF GUJARAT Respondents

Referred Judgements :-

JUDGEMENT

(1.) Heard learned APP Ms. Jirga Jhaveri for the appellant - State and learned advocate Mr. Pratik Barot for the respondents at length.

(2.) The State has filed this acquittal appeal challenging the judgment and order dtd. 24/1/2013 passed by the learned Special Judge (Atrocity), Mehsana in Special (Atrocity) Case No. 09 of 2012 for the offences punishable under Ss. 323, 504, 506 (2) and 114 of Indian Penal Code and Sec. 3 (1) (10) of Atrocity Act.

(3.) The brief facts of the case are that the complainant Kamuben Natwarbhai Senma, registered complaint against present accused persons with Kadi Police Station, for the offences punishable under Ss. 323, 504, 506 (2) and 114 of Indian Penal Code & Sec. 3 (1) (10) of Atrocity Act. It is the case of the prosecution that on 3/10/2011, at about 03.00 hours in the afternoon, at Village: Dudhai, present accused persons, by keeping grudge against complainant in respect of quarrel took place between son of accused no.1 and son of complainant, went at the house of complainant and accused no.1 abused the complainant against her caste by saying "Sali Dhedhiyo", slapped on the face of Ajay, inflicted fist blow on the eye side of complainant and thereafter, accused persons by abetting each other threatened the complainant "Amra Chokranu Nam Lesho To Janthi Mari Nakhisu". Therefore, complaint lodged by the complainant. On the basis of the said complaint, investigation was initiated and after thorough investigation as there was sufficient evidence against the respondents-accused persons, charge sheet was filed before the Learned Judicial Magistrate First Class, Kadi. As the offences committed by the accused persons was exclusively triable by the Court of Sessions as per the provisions of 209 of Criminal Procedure Code , the Learned Judge was pleased to commit the case to the Court of Sessions and the case was transferred and placed for trial before the learned Special Judge (Atrocity), Mehsana, which has been numbered as Special (Atrocity) Case No. 09 of 2012. Thereafter, charge was framed against them for the offences punishable Under Ss. 323 , 504 , 506 (2) and 114 of Indian Penal Code & Sec. 3 (1) (10) of Atrocity Act. The accused persons pleaded not guilty to the charges and claimed to be tried. The prosecution therefore laid evidence. The Prosecution has examined 11 witnesses as well as produced 11 documentary evidences on the record of the trial, case. At the conclusion of the trial, learned Special Judge (Atrocity), Mehsana was pleased to acquit the accused persons. Therefore, appellant State of Gujarat has preferred appeal under sec. 378(1)(3) of Criminal Procedure Code, 1973 against order of acquittal.

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USMANBHAI BABUBHAI MALEK Vs. STATE OF GUJARAT

Referred Judgements :-

JUDGEMENT

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