STATE OF GUJARAT Vs. HARDEVSINH BHAGATSINH VAGHELA

JUDGEMENT

(1.) ALL these three Criminal Appeals are preferred by the State as well as complainant challenging the judgment and order passed by the learned Additional Sessions Judge, Junagadh in Atrocity Sessions Case Nos.15 of 2007 and 16 of 2007 dated 29.12.2011.

(2.) BRIEFLY stated, on 6.11.2004, the respondents accused were discharging their duties police officers, at that time, when the complainant and her husband namely Kishor Soma and sons Nilesh and Sandip were at home and the respondents accused entered into the house forcefully and started beating the husband of the complainant and when the complainant tried to save her husband, the accused caught hold of her, torn her cloth and they had beaten her by giving fist blows. As a result, the complainant and her husband sustained injuries and thereafter, the respondents arrested them and registered false FIR being CR No.III 314 of 2004 with "A" Division Police Station, Jamnagar. Thereafter, they were produced before the Court of learned Judicial Magistrate, where they have given written complaint narrating whole incident. Therefore, learned Magistrate ordered inquiry under Section 202 of the Code of Criminal Procedure and registered the offence as Inquiry Case Nos.286 of 2005 and 290 of 2005. Thereafter, investigation was carried out and statements of various witnesses were recorded, panchnama was drawn and obtained caste certificate of the complainant therefore, respondents accused were arrested. On conclusion of the inquiry and on the basis of material collected against the respondents accused, learned Judicial Magistrate First Class, Junagadh registered the case as Criminal Case Nos.3274 of 2006 and 3275 of 2006 for the offence punishable under Sections 323, 504 and 506(1) of the Indian Penal Code read with Section 3(1) (10) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. Since the offence alleged was exclusively triable by the Court of learned Special Judge, the learned Magistrate committed the case to the Court of learned Special Judge, Junagadh under Section 209 of the Code of Criminal Procedure and the cases being Atrocity Sessions Case No.15 of 2007 and 16 of 2007 were registered.

(3.) STATE has filed Criminal Appeal Nos.323 of 2012 and 324 of 2012 and the original complainant namely Jayaben Kishorbhai Solanki has filed Criminal Appeal No.1040 of 2012 against the impugned judgment and order passed by the concerned Sessions Court.