STATE OF GUJARAT Vs. VYOM ATULBHAI BHATT

JUDGEMENT

(1.) BY this application under sections 378(1) and 378(3) of the Code of Criminal Procedure, 1973, the applicant -State of Gujarat seeks leave to appeal against the judgment and order of acquittal dated 30th April, 2012 passed by the learned 2nd Additional District & Sessions Judge, Vadodara in Atrocity Case No. 35 of 2011. Mr. H.K. Patel, learned Additional Public Prosecutor invited the attention of the court to the record and proceedings of the case to submit that the prosecution has duly established the injuries sustained by the first informant by way of a certificate issued by the hospital where the first informant was given treatment, as well as the fact that the first informant belongs to a scheduled caste was also duly proved by producing the necessary certificates in this regard. However, the learned Judge has ignored the said evidence and has held that the prosecution has not duly established that the first informant had sustained injuries during the incident in question. It was further submitted that the learned Judge has erred in holding that in the first information report neither the name nor any description of the accused has been disclosed. Referring to the said first information report, it was pointed out that the accused has been named as the son of Atulbhai Bhatt, which description is sufficient as the same clearly discloses the identity of the accused. Under the circumstances, the impugned judgment and order suffers from various serious infirmities and, as such, the appeal deserves to be examined on merits. Hence, leave as prayed for may kindly be granted.

(2.) A perusal of the record and proceedings of the case reveals that the case of the prosecution is that on 2nd December, 2008 at 9:30 in the morning, the complainant went to the house of the accused which is located in Giriraj Society and asked the accused as to where his father was, saying that he was unduly instigating his wife and children and lodging false cases against them, in respect of which, he wants to talk to him. That upon his saying so, the accused got instigated and came with a bat from the house and inflicted a blow on the left hand of the first informant and also uttered insulting words derogatory to his caste and hurled filthy abuses at him. The first informant Jayantkumar @ Jayantibhai Ramjibhai Contractor lodged the aforesaid first information report before the Fatehganj Police Station against the accused alleging commission of the offences punishable under sections 325 and 504 of the Indian Penal Code, section 135 of the Bombay Police Act and section 3(1) (x) of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocity) Act, 1989, which came to be registered as I -C.R. No. 336 of 2008. Pursuant to the lodging of the above -referred first information report, investigation came to be carried out and upon conclusion of the investigation a charge -sheet came to be submitted in the Court of the learned Judicial Magistrate, First Class, Vadodara. The case being triable by the Court of Sessions, the learned Judicial Magistrate committed the same to the Sessions Court, where it came to be registered as Atrocity Case No. 35 of 2011.

(3.) A perusal of the vardhi given by the Shriji Hospital & Trauma Center (exhibit -25), where the first informant had taken treatment, reveals that the first informant was admitted there as he had sustained a fracture on his right hand. However, the medical certificate issued by the said hospital indicates that he had sustained a fracture on his left hand. Thus, there appears to be a discrepancy in the nature of the injuries sustained by the first informant as stated in the vardhi given by the hospital as compared to the certificate issued by it.