STATE OF GUJARAT Vs. LAKHUBHHA SHIVUBHA ZALA

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 13.09.1994 rendered by the learned Additional Sessions Judge, Morbi, in Sessions Case No.24 of 1993. The said case was registered against the present respondentsoriginal accused for the offences punishable under Sections 143, 144, 146, 148, 149, 506(2) and 114 of the Indian Penal Code and under Sections 3(1)(xi) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocity) Act and under Section 25(c) of the Arms Act.

(2.) ACCORDING to the prosecution case, on 11.04.1992, the complainantDana Ghelabhai at about 8:30 p.m. was in his Vada. At that time, the respondentsaccused came there and Tamacha showed by Dhanubha and told the complainant to leave that place otherwise he would be burn and killed. Respondentaccused Raghubha was having Dhariya and respondentaccused Lakhubha was having Farshi and respondentaccused Jayubha was having iron stick. All the respondentsaccused were shouting and administering threat the complainant to leave the village. At that time, Bhavanbhaicousin brother of the complainant came there and respondentsaccused left the premises. As a result of which, a complaint was lodged before the D.S.P., Rajkot and which was sent to Vankaner City Police Station and the same was registered as C.R.No.45 of 1992 for the offence punishable under Sections 143, 144, 146, 148, 149, 506(2) and 114 of the Indian Penal Code and under Sections 3(1)(xi) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocity) Act and under Section 25(c) of the Arms Act. Thereafter, the investigation was carried out Mr.Gulabsinh Chauhan, CPI and on 11.04.1992 panchanama of the place of offence was carried out and statements of the witnesses were also recorded by the Investigating Officer. On 13.04.1992, statements of other witnesses were recorded and on 20.04.1992, all the respondentsaccused were arrested and after drawing pachnama, chargesheet was produced before the Court and the said case was registered as Sessions Case No.24 of 1993.

(3.) ON the basis of above allegations, charge was framed vide Exh.1 and readover and explained to the accused for the offence punishable under Sections Sections 143, 144, 146, 148, 149, 506(2) and 114 of the Indian Penal Code and under Sections 3(1)(xi) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocity) Act and under Section 25(c) of the Arms Act. The respondentsaccused pleaded not guilty to the charge and claimed to be tried.