LAWS(GJH)-2022-7-513

STATE OF GUJARAT Vs. JAYKANTBHAI AMBALAL PATEL

Decided On July 13, 2022
STATE OF GUJARAT Appellant
V/S
Jaykantbhai Ambalal Patel Respondents

JUDGEMENT

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

(2.) The State has filed this acquittal appeal challenging the judgment and order dtd. 8/1/2008 passed by the learned Additional Sessions Judge, Fast Track Court No. 9, Vadodara in Atrocity Case No. 39 of 2006 for the offences punishable under Ss. 504 , 506(2) & 114 of the Indian Penal Code and Sec. 3(1)(10) of the Prevention of Atrocity Act (Prevention of Scheduled Castes and Scheduled Tribes Act ).

(3.) The brief facts of the case are that complainant Maheshbhai Mathurbhai Rathva is residing in colony of Sardar Co-operative opposite Sugar Industries Limited, Ladhod and also serving in the same industries. The complainant was working with same industries since from last seven to eight years with honesty, inspite of the fact he was ill treated by respondents on petty matters since from last two to three months. The complainant is working with said industries as a Mechanical Draftman and accordingly it was not liked to the respondents and therefore, he was ill treated by respondents. On 24/6/2006, a meeting was arranged in the premises of Sugar Industries, in the said meeting farmers of different villages were invited. In the aforesaid meeting (1) President, Shri Jayantbhai Patel, (2) Managing Director, Shri Kiranbhai C. Patel, (3) Office Supdt. Shri Pranaybhai Aminbhai, (4) Administrative Officer Shri Narendrabhai S. Badgurjar were present and in the presence of these authorities, various discussions were taking place in meeting. In the said meeting, discussion has taken place with regards to employees, and at that time Administrator Shri Jaykantbhai Patel, who is Chairman of the Industries has given filthy abuses to the complainant in loud speaker with clear intention to insult the complainant in public at large and other accused persons has abatted the offence. It is further told by respondents that there is no need of Rathva, Dhanka, Nayka etc. in the factory and the accused persons are strong headed persons and complainant was likely to be terminated from service, and therefore, complainant has filed the aforesaid complaint before Bodeli Police Station, vide CR No. 11-76/2006.