STATE OF GUJARAT Vs. HIRENKUMAR KIRANBHAI PATEL

JUDGEMENT

(1.) FEELING aggrieved by and dissatisfied with judgment and order dated 11.02.2013 passed by the learned 4th Additional Sessions Judge, Anand in Special Atrocity Case No.16 of 2012, whereby the respondents -accused came to be acquitted for the offences punishable under Sections 504, 506 and 114 of the Indian Penal Code (hereinafter referred to as the IPC for the sake of brevity and convenience) and under Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocity) Act, 1989. Applicant/Appellant -State of Gujarat has preferred this Application to grant Leave to Appeal, as provided under Section 378(1)(3) of the Code of Criminal Procedure, 1973 (hereinafter referred to as Cr.P.C. for the sake of brevity and convenience).

(2.) THE facts briefly stated are that on 15.01.2012 at about 10:30 O'clock in the morning, the accused persons came to the complainant's house and had gone to fly kite on the terrace of witness -Sanket Patel and on account of some kites which were lying in the Patel Vaga, the accused had humiliated the complainant in the public place after giving filthy abuses. It is the case of the prosecution that accused had administered threat of killing complainant and also insulted his caste in public place and thereby humiliated him. As a result of this, the present complaint has been lodged by the complainant before the Bhadaran Police Station.

(3.) PURSUANT to such complaint, Bhadran Police Station, Borsad investigated the offence and recorded the statement of relevant witnesses and drawn the necessary panchnamas and after having found sufficient evidence against the respondents for the aforesaid offences, the Charge -sheet has been filed by the Investigating Agency before the learned Judicial Magistrate First Class, Borsad