STATE OF GUJARAT Vs. MANGADBHAI PARBATBHAI HARIJAN

JUDGEMENT

(1.) THE present Criminal Appeal under Section 378 (1) (3) of the Code of Criminal Procedure is directed against the impugned judgment and order passed in Sessions Case No.35 of 2003 by the learned Assistant Sessions Judge, Gondal dated 23.07.2004 recording the acquittal of the accused for the offences under Section 333, 504 and 186 of Indian Penal Code.

(2.) THE facts of the present case briefly summarized are as follow: That the complainant is the teacher in the primary school where the son of the accused was studying. The complainant has scolded the son of the accused for his studies, which was not liked by the accused and therefore, during the school he came and abused the complainant. The accused is stated to have been threaten the complainant that he should not beat any body's child and he also assaulted the complainant with the wood resulting in to the injury of the fracture on the left hand little finger. Therefore, the complaint was led by the complainant being FIR I CR. No.52 of 1999 with the Bhayavadar Police Station for obstructing the public servant in discharging his duty and other offences. On the basis of the complaint given by the complainant, the investigation was made and chargesheet came to be filed for the alleged offences. Initially, the charges for offences punishable under Section 325 and 405 of the Indian Penal Code, however, the prosecutor had made an application at Exh.21 for addition of the charge for the offences under Section 333 of the Indian Penal Code and therefore the case was committed to the Court of Sessions, Gondal.

(3.) HEARD learned APP Ms. Monali Bhatt for the applicantState and learned Advocate Shri I. I. Munshi for the respondent original accused.