(1.) Heard learned APP Ms. Monali Bhatt for the appellant - State and learned advocate Mr. G.K. Vaghani on behalf of learned advocate Mr. Kandrap Dholkia for the respondents at length.
(2.) The State has filed this acquittal appeal challenging the judgment and order dtd. 11/6/2010 passed by the learned Special Judge and Presiding Officer, Fast Track Court, Jamnagar in the Special Case No. 1 of 2009 for the offences punishable under Ss. 504, 506(2) and 114 of the Indian Penal Code and Sec. 3(1)(10) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
(3.) The brief facts of the case are that the complainant Devabhai Somabhai Parmar put the electric shock through the wire in the farm of the accused no.2- Jagabhai jadavbhai and therefore, the son of the complainant viz., Sanjay received shock and died. That, therefore, the complainant lodged the complaint against the accused persons, and hence the accused persons requested the complainant to withdraw his complaint filed against the accused but the complainant did not agree with the accused persons. That, therefore, the accused got excited and abused by uttering obscene words in public and also threatened to kill the complainant. That, after completion of the investigation, charge sheet came to be filed against the accused-respondents before the learned JMFC, Jamnagar. Since the case was exclusively triable by the learned Sessions Judge and therefore, under Sec. 209 of the Criminal Procedure Code, the matter was committed to the learned Special Judge and Presiding Officer, Fast Track Court, Jamnagar and the case was registered as Special Atrocity Case No. 1 of 2008. 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 Special Judge and Presiding Officer, Fast Track Court, Jamnagar acquitted the accused and therefore, the State has preferred this appeal.
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