STATE OF GUJARAT Vs. MADHO @ MAHENDRABHAI VAGHABHAIDAMA

JUDGEMENT

(1.) THE present Appeal is directed against the judgment and order rendered in Sessions Case No.55 of 2001 by the learned Additional Sessions Judge, Sabarkatha, Camp at Modasa dated 24.11.2003 recording the acquittal of the accused for the alleged offence under Sections 336, 504, 427 and 506(2) of the Indian Penal Code, giving the benefit of doubt.

(2.) THE facts of the case briefly stated are that on 23.2.2000 at about 8:00 pm, the lights were off, and therefore, the sarpanch, accompanied by others, including the complainant, had gone out to find out the fault, and had met the accused, who was on his bicycle with the instruments. There upon, on inquiry, the Respondent Accused is said to have stated that as his mandap was not rented for the purpose of marriage, he has caused the fault. The complainant, therefore, requested him to show the fault and he had shown the fault, and the light / electricity had returned. He was dropped at his place in the jeep. At that time, the accused is said to have got angry abusing the complainant and others and has also pelted the stones resulting in damage in the radiator of the jeep and also threatened that he would see how the procession of the marriage can pass, which has lead to the filing of the complaint, which has been registered as II -CR No. 7 of 2000 with Meghraj police station for the alleged offences.

(3.) ON the basis of the complaint, the investigation was carried out and the charge sheet was filed, which was tried by the Court of Sessions, as the charges were also under the Atrocity Act.