STATE OF GUJARAT Vs. MINABEN

JUDGEMENT

(1.) This appeal is filed by the appellant - State under Sec. 378(1)(3) of the Code of Criminal Procedure, 1973 challenging the judgment and order dtd. 3/12/2011, passed in Special Case No. 30 of 2008 by the learned Special Judge (Atrocity), Bhuj-Kachchh, recording the acquittal.

(2.) Facts in brief are that on 20/12/2006, when complainant - Khimjibhai Ramjibhai Dalit (Harijan) was going towards samajwadi, while passing through the home of the accused No. 1, she asked the complainant as to why he was staring at her to which, the complainant said to have not staring at her but at the samajwadi. Nonetheless, the accused No. 1 started shouting. Hearing the shouts, the accused No. 2 came out who called the accused No.

(3.) and inciting the accused No. 1, they told to kill the XXX (complainant). Hence, the accused No. 1 brought the wooden log and assaulted the complainant on his right shoulder and right hand finger and thereby, injured the complainant as also threatened him to kill. Thus, the accused committed the offences punishable under Sec. 323 , 504 , 506(2) and 114 of the Indian Penal Code, 1860 ( IPC ) and Sec. 3(i)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocity) Act, 1989 (Atrocity Act) and Sec. 135 of the Bombay Police Act, for which, FIR came to be registered against them.