STATE OF GUJARAT Vs. ROHITJI BANAJI DHABHI

JUDGEMENT

(1.) THIS appeal is directed against the judgement and order dated 30.4.2012 passed by the learned Special Judge (Atrocity), Mehsana in Special Atrocity Case No.45 of 2010, whereby the accused have been acquitted of the offences under sections 323, 504, 506(2) and 114 of the Indian Penal Code and section 3(1)(x) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as "the Atrocities Act").

(2.) MR . H. K. Patel, learned Additional Public Prosecutor assailed the impugned judgement and order by submitting that the prosecution has, through the depositions of the complainant ­ Amratbhai Galabhai Parmar, Piyushkumar Amratbhai Parmar, Bhanuben Amratbhai Parmar and Mayurkumar Amratbhai Parmar as well as the other witnesses, all of whom have supported the prosecution case, duly established the charges levelled against the accused. It was submitted that the learned Judge has not properly appreciated the evidence on record, and has discarded and disbelieved the evidence by coming to the conclusion that the prosecution has failed to prove beyond reasonable doubt the charges levelled against the accused. Under the circumstances, the appeal requires consideration and deserves to be admitted.

(3.) PURSUANT to the lodging of the first information report, investigation came to be carried out and a charge-sheet came to be submitted in the Court of the learned Judicial Magistrate First Class, Kadi who committed the same to the Court of Sessions where it came to be registered as Special Atrocity Case No.45 of 2010.