STATE OF GUJARAT Vs. ALTAF @ KARO OSMAN JOKHIYA

JUDGEMENT

(1.) The present acquittal Appeal has been filed by the appellant original complainant, State of Gujarat under Section 378 of the Cr. P.C., against the Judgment and order dated 26.09.2003 rendered by the learned Special Judge and Additional Sessions Judge, Fast Track Court, Jamnagar, in Special Sessions Case No.37 of 2002. The said case was registered against the present respondentsoriginal accused for the offence under Sections 323, 504 and 114 of the Indian Penal Code, under Section 3(1)(x) 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, complainant Arvindbhai Navinbhai Vaghela belong to Valmiki Harijan caste and maintaining his family by doing driving. On 11.06.2002 at about 8:00 a.m., when the complainant and his wife were going to Ganeshvas and reached at Rickshaw Stand, one rickshaw driver Babubhai asked the complainant whether he wanted to hire a rickshaw but the complainant replied in negative. However, another rickshaw driver i.e. the present respondentaccused No.1Altaf @ Karo told the complainant not to sit in his rickshaw and thereby misbehaved with the complainant. Thereafter, when the complainant and his wife returned to the said place again as they were going to aunt's home, the complainant told his wife to go aunt's home and thereafter, he went to respondentaccused No.1 and told him that why he misbehaved with them in the morning. Respondentaccused No.1 got exited and inflicted a blow with the iron (akshel) on the head of the complainant. Respondentaccused No.2Jayendrasinh inflicted a hockey blow on the back of the complainant and respondentaccused No.3 Vijaysinh inflicted a blow with the iron road on the leg of the complainant. On hearing the shout of the complainant, his aunt Nanuben rushed to the place and he took the complainant to the Government hospital. The complaint was filed, statements of the witnesses were recorded. Thereafter, caste certificate of the complainant was obtained, investigation was carried out, medical certificate was obtained and chargesheet was filed by Investigating Officer.

(3.) On the basis of above allegations, charge was framed vide Exh.5 and readover and explained to the accused for the offence punishable under Sections 323, 504 and 114 of the Indian Penal Code, under Section 3(1)(x) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocity) Act and under Section 135 of the Bombay Police Act. The accused pleaded not guilty to the charge and claimed to be tried.