MAFABHAI VIHABHAI DALIT (PARMAR) Vs. JAMABHAI BHATHIBHAI RABARI

JUDGEMENT

(1.) BY way of present appeal, filed under Section 378 of the Code of Criminal Procedure, 1973, the appellant has challenged the judgment and order of acquittal dated 1.3.2014 passed by the learned Fifth Additional Sessions Judge, Banaskantha District at Disha, in Special Case No.22 of 2010. The said case was registered against the respondents original accused for the offences punishable under Sections 447, 323, 504, 506(2) and 114 of the Indian Penal Code and under Section 3(1)(10) of the Prevention of (Scheduled Caste and Scheduled Tribe) Atrocities Act.

(2.) ACCORDING to the prosecution case, on 4.5.2009 in the morning around 9:00 o'clock respondent Nos.1 to 3 had come at the house of appellant and started quarrel by saying that, why are you not releasing the possession of the land. The appellant replied that respondent No.2 has not given money and the respondent started abusing and beaten the appellant. On hearing quarrel appellant's wife and son came and save the appellant from the respondents. Hence the complaint came to be lodged.

(3.) THEREAFTER , investigation was carried out and statements of several witnesses were recorded. During the course of investigation, accused persons were arrested and, ultimately, chargesheet came to be filed against them in the Court of learned Special Judge.