REGENT COMPUTRONICS PVT. LTD.

STATE OF GUJARAT Appellant

V/S

Devrakhi Deva Karmata Rabari Respondents

Referred Judgements :-

JUDGEMENT

(1.) Heard learned APP Ms. C.M. Shah for the appellant - State and learned advocate Mr. Vijay H. Nangesh for the respondents at length.

(2.) The State has filed this acquittal appeal challenging the judgment and order dtd. 29/4/2011 passed by the learned Additional Sessions Judge, Porbandar in the Sessions Case No. 5 of 2010 for the offences punishable under Ss. 333, 332, 323, 337, 504, 506(2), 325, 114, 427 and 186 of the Indian Penal Code and under Ss. 161 and 162 of the Gram Panchayat Act and under Sec. 135 of the B.P. Act.

(3.) The brief facts of the case are that on the day of incident i.e. on 7/7/1999, the buffaloes of the accused were grazing in the Government land and hence, the complainant being the Government Officer has asked the accused to take their animals outside the Government land, upon which the accused got excited and assaulted the complainant with stick, axe, etc., and also pelted stone upon the complainant and caused severe injuries and threatened to kill. That, thereafter, the accused broke the rifle of the complainant and caused damage to the Government properties. Thus, the accused have tried to create hindrance in the Government work and committed alleged offence. That, on the basis of the complaint, the investigation was started and after completion of investigation, on the basis of the material collected against the respondents accused, the charge sheet has filed before the learned Judicial Magistrate First Class. That, the case was exclusively triable by the Court of Sessions, therefore, the matter was committed to the learned Sessions Court. Since, the accused has not pleaded guilty to the charge and claimed to be tried and the prosecution therefore, led the evidence. At the conclusion of the trial, the learned Additional Sessions Judge, Porbandar acquitted the accused and therefore, the State has preferred this appeal.

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STATE OF GUJARAT Vs. DEVRAKHI DEVA KARMATA RABARI

Referred Judgements :-

JUDGEMENT

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