STATE OF GUJARAT Vs. SHIVABHAI DESAIBHAI VAGHELA

JUDGEMENT

(1.) BY way of present appeal, filed under Section 378 of the Code of Criminal Procedure, 1973, the appellant has challenged the judgment and order of acquittal dated 24.11.1994 passed by the learned Additional Sessions Judge, Kheda Camp at Anand, in Special Case No.62 of 1993. The said case was registered against the respondent original accused for the offences punishable under Sections 504 and 506(2) of the Indian Penal Code and under Section 3(1)(10) of the Prevention of (Scheduled Caste and Scheduled Tribe) Atrocities Act.

(2.) ACCORDING to the prosecution case, the complainant Ambalal Ashabhai Marvadi who is President of Vishvanath Cooperative Housing Society and residing at House No.31, filed a complaint that the accused who is next door neighbour, that on 30.9.1993 at 10 to 12 a.m. the respondent accused entered into the plot No.29 of the complainant without prior permission. The complainant's wife Jayaben asked the respondent accused about the trespass. On her asking the respondent accused got angry and abused the complainant's wife about her caste. The complainant's wife left the spot. When the complainant came to his house at about 1:00 p.m. the respondent accused also abused to the complainant that the said plot belonging to him and therefore, complainant lodged the complaint at Anand Town Police Station on 1.10.1993. Hence the complaint came to be lodged.

(3.) THEREAFTER , investigation was carried out and statements of several witnesses were recorded. During the course of investigation, accused person was arrested and, ultimately, chargesheet came to be filed against him in the Court of learned Special Judge.