STATE OF GUJARAT Vs. BHIMABHAI HARDASBHAI

JUDGEMENT

(1.) THE present acquittal Appeal has been filed by the appellant original complainant, State of Gujarat under Section 378(1)(3) of the Cr. P.C., against the Judgment and order dated 28.01.2004 rendered by the learned Special Judge, Dhangdhra, in Special Case No.36 of 2002. The said case was registered against the present respondentoriginal accused for the offences punishable under Sections 323, 324, 504, 506(2) and 114 of the IPC and under Sections 3(1)(xi) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocity) Act. and under Section 135 of the Bombay Police Act.

(2.) ACCORDING to the prosecution case, cattle of the respondentsaccused were entered into the field of the complainantPunjabhai Hamirbhai. The complainant told the respondentsaccused to keep his cattle out of his field and therefore, the respondentsaccused got excited and beaten the complainant and witnesses with stick and they received injuries. The respondentsaccused also insulted the complainant by giving abuses regarding his caste. As a result of which, a complaint was filed by the complainant before the Zinuvadiya Police Station, which was registered as C.R.No.I44 of 2002 for the offences punishable under Sections 323, 324, 504, 506(2) and 114 of the IPC and under Sections 3(1)(xi) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocity) Act. and under Section 135 of the Bombay Police Act. Thereafter, the investigation was carried out by the Investigating Officer and panchanama of the place of offence was carried out. Thereafter, statements of the witnesses were also recorded by the Investigating Officer. Thereafter, chargesheet was filed before the learned Judicial Magistrate First Class, Patadi. As the said case was exclusively triable by the Special Judge, learned JMFC committed the case to the Court of learned Special Judge, Dhanghdhra which was numbered as Special Case No.36 of 2002.

(3.) ON the basis of above allegations, charge was framed vide Exh8 and readover and explained to the accused for the offence punishable under Sections Sections 323, 324, 504, 506(2) and 114 of the IPC and under Sections 3(1)(xi) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocity) Act. The respondents accused pleaded not guilty to the charge and claimed to be tried.