STATE OF GUJARAT Vs. NARANBHAI GANESHBHAI PATEL

JUDGEMENT

(1.) This Appeal is filed by the appellant - State of Gujarat under Sec. 378(1)(3) of the Criminal Procedure Code, 1973 against the judgment and order dtd. 21/6/2007 passed by the learned Special Judge, Godhra in Special (Atrocity) Case No.4 of 2007 acquitting the respondent nos. 1 to 4 - original accused from the offence punishable under Sec. 506(2) and 114 of Indian Penal Code and under sec. 3(1)(10)(14) of the Scheduled Tribes (Prevention of Atrocities Act), 1989.

(2.) The case of the prosecution is that on 1/10/2006 the complainant Manilal Dhulabhai registered a complaint against the accused persons with Lunavada Police Station being CR.No.I-210/2006 for the offence under Ss. 506(2) and 114 of the Indian Penal Code and under Sec.

(3.) (1)(10)(14) of the Atrocity Act, stating therein that the complainant is residing at Vanivada Gorada, Taluka Lunavada in his village there were 15 houses of Vankar Community, 80 houses of Patel Community and houses of the other community were there. From 23/9/2006, Navratri Festival was started. In his village, boys and girls of Vankar Community came there for playing garba. On 26/9/2006 at about 10:00 p.m., complainant along with Pravinchandra, Ramjibhai, Manilal Dhulabhai, Vankar Jethabhai Shivabhai, Kamlesh Nathabhai his daughter Sharmistha, daughter of Pravinbhai Ramjibhai Hetal, daughter of Kalubhai Modhabhai Naynaben, wife of Punjabhai Valabhai Gangaben and wife of Pravinbhai Ramjibhai Vanita went there for playing Garba. At that time, Patel Narayanbhai Ganeshbhai, Rameshchandra Manilal Patel, Ambalal Mathurbhai Patel and Ramesh Kalubhai Patel switched off the light the venue where Navratri Festival was celebrated. Therefore, on 27/9/2006, at about 7:30 a.m. the persons of Vankar Community viz. Ramjibhai Kalubhai, Hirabhai Khatubhai, Mothabhai Dhulabhai and Mulabhai Lalabhai met the persons of Patel Community and informed them about the aforesaid incident. At that time, the aforesaid four persons who switched off the light were also present there. They gave filthy abuses to them in public by saying "Sala Dhedao Ahithi Chalya Jav Garbi To Suvarna Lokoni Chhe Tamare Ke Tamari Chhokrione Garbe 'Ramva Avvanu Nathi" and also threatened to the persons of the Vankar Community. Therefore, the said complaint was filed. Accordingly the offence was registered with Lunavada Police Station being CR.No.I-210/2006 against the accused persons for offences punishable under Sec. 506(2) and 114 of the Indian Penal Code and under Sec. 3(1)(10) (14) of the Atrocity Act, 1989.