STATE OF GUJARAT Vs. ASHWINBHAI PARAGBHAI PATEL

JUDGEMENT

(1.) THE present application has been preferred by the applicant- State of Gujarat, seeking leave to appeal against the judgment and order dated 05.05.2012, passed by the learned 2nd Additional Sessions Judge, Vadodara, in Atrocity Case No.40 of 2009, whereby the respondents, original accused, have been acquitted of the charges under Sections 504, 506(2) and 114 of the Indian Penal Code and Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 ('the Atrocity Act' for short).

(2.) BRIEFLY stated the case of the prosecution, based upon the complaint filed by the complainant Mahendrakumar Purshottamdas Bhardwaj, is that on 26.03.2008 the complainant, who is a teacher in Ajva Compound Primary School, went to Raval Group Shala to handover the post and certain details regarding students, at 6:50 hours. Respondent No.1- Ashwinbhai Paragbhai Patel, who is the Principal of Raval Group Shala, asked the complainant to handover the amount of Rs.3700/- towards the Mid-day Meal Scheme which was with the complainant, for purchase of utensils. The complainant refused to do so, saying that a Village Education Committee, consisting of local persons has been formed and he would handover Rs.3700/- to the said Committee. According to the narration in the complaint, respondent No.1 became agitated and used derogatory words against the caste of the complainant saying that he would not like to keep relations with such people. As per the case of the prosecution, respondent No.1 pushed the complainant out of the room. At that time, respondent No.2, Jayaben, who is a teacher in the School and was sitting on the Veranda of a Class nearby, came there and started abusing the wife of the complainant. She pushed the wife of the complainant and said that she would see how the complainant and his wife continue to work there, and that she would get them suspended. According to the complainant, he went to the Waghodia Police Station to lodge the complaint on 30.12.2008, which was registered as II-C.R. No.220 of 2008.

(3.) IN support of its case, the prosecution has examined five witnesses and produced a number of documents, as evidence. After appreciation of the oral and documentary evidence on record, the Trial Court has come to the conclusion that the charges against the respondents have not been proved beyond reasonable doubt by the prosecution. A finding of acquittal has been recorded in their favour, giving rise to the filing of the present application.