STATE OF GUJARAT Vs. MOTIBHAI CHELABHAI DESAI

JUDGEMENT

(1.) THE State of Gujarat has filed the present Appeal under Section -377 of the Code of Criminal Procedure, 1973 and challenged the judgment and order dated 9.3.2012 as far as adequacy of sentence passed by the learned Special Judge & Additional Sessions Judge, Court No. 5, City Civil & Sessions Court, Ahmedabad, in Sessions Case (Atrocity) No. 16 of 2005 is concerned and prayed to enhance the sentence imposed by the Special Court for the offence under Section 323 of the Indian Penal Code.

(2.) THE brief facts of the prosecution case is that one Jayantibhai @ Jagdishbhai Parshottambhai Parmar, who belongs to scheduled caste, has lodged a complaint against the present respondents under the provisions of Section 323, 294(b) and 506(2) of the Indian Penal Code and under section 3(1)(10) of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989 and alleged that on 20th March, 2012 at about 12'O clock in the noon, the accused persons used abusive language against the complainant and particularly abusing his caste. It was also alleged that the complainant was beaten by the respondents ­ accused. The police authorities, after investigation, having found sufficient material against the accused persons, filed a charge sheet in the court of learned Magistrate, Ahmedabad, who in turn, committed the same to the Sessions Court, who has power under the Atrocities Act to conduct the trial. The charge was framed against the accused persons. The respondents ­ accused denied the charges levelled against them and claimed to be tried. The prosecution examined 08 witnesses and able to prove three documents before the Sessions Court. The learned Sessions Court after considering the depositions of the witnesses and documentary evidence on record, came to the conclusion that, the prosecution has failed in establishing the charges levelled against the accused persons under Section 3(1) and 10 of the Atrocities Act as well as under Section 294(b) and 506(2) of the Indian Penal Code. However, it was held that the accused persons have committed the offence under Section -323 of the IPC and after considering the injury sustained by the complainant, the accused were sentenced to undergo sentence till rising of the court and to pay fine of Rs. 500/ - each. Hence this appeal.