BHULABHAI VALABHAI VANKAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) RULE . Mr. K.R. Dave, learned advocate for respondent nos. 2 to 4 waives service of notice of rule while Ms. J.D. Jhaveri, learned APP waives service of notice of rule for respondent No. 1 -State.

(3.) COMPLAINANT has lodged an F.I.R. with Mehsana police station being 1st CR No. 302 of 2012 under Sections 323, 504, 506(2) and 114 of I.P.C. as well as Section 3(1)(10) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act (In short "Atrocities Act"). It is contended in such complaint that on 23.7.2012 supply of water from water works was not available and hence complainant and witnesses were drawing the water from trough (open tank used for storage of water, which is called Havada in vernacular) by poring their utensils and snatching the water from such trough. However, in such exercise, the utensils of different people dashed with each other and because the accused were also collecting water in similar manner when utensils of complainant had dashed with their utensils, they started to give filthy abused words to the complainant and witnesses and there was exchange of words whereby accused had given a threat by catching the neck of witness Ashabhai Bhavanbhai Rohit and accused No. 2 has intentionally insulted and threatened the complainant to commit his murder. Only because they are all of Darbar caste and they do not like to have a touch of utensils of the complainant and witnesses with their utensils. There are also allegations of abatement of such offences by each other amongst all accused. Based upon such FIR, the Investigating Agency investigated the offence and filed a charge -sheet which was committed to the Court of Sessions where Sessions Court has tried all the accused for all such offences and by impugned judgment dated 30.11.2013 in Special (Scheduled Caste and Scheduled Tribes) Case No. 24 of 2012, the 4th Additional Sessions Judge, Nadiad has acquitted all the accused from all the charges giving them benefit of doubt when prosecution has failed to prove their case beyond reasonable doubt.