KAMLESHKUMAR BHIKHABHAI RATHOD Vs. DAHAVALKUMAR BHARATBHAI GAJJAR

JUDGEMENT

(1.) The present appeal is preferred by the appellant - original complainant under Sec. 372 of the Code of Criminal Procedure, 1973 against the judgment and order of conviction dtd. 2/4/2021 passed by the learned Special Judge, (Atrocity), Mahesana in Sessions Case No.7 of 2017, whereby, the learned Trial Judge has acquitted the respondent Nos. 1 to 5 herein - original accused in connection with the offence registered under Ss. 143 , 332 , 323 , 504 , 506(2) of the Indian Penal Code and Ss. 3(1)(R) , 3(2) (5-a) of the Atrocity Act.

(2.) The case of the prosecution briefly is that, on 11/5/2015 at about 23.30 hours, present respondent Nos.1 to 5 (original accused) were doing the holy work of hoisting flag of God on Ramnavmi and parked their vehicles in the way and at that time present complainant and witness who were on night duty of the home guard, and when the complainant and witness informed to the respondents not to park vehicles on road, at that time verbal altercations took place between them and during that time PSI Sengal came on round and on the instructions of PSI Sengal, all the accused persons returned with their vehicles. But after PSI Sengal left the place, all the accused persons respondent Nos.1 to 5 herein came back and they created unlawful assembly and caused injury by kick and fist blow to the appellant and other witnesses. Moreover, they ripped pocket of the uniform and used abusive language and gave threaten of life. Therefore, the appellant - original complainant filed complainant for the said incident.

(3.) Heard learned advocate appearing for the respective parties.