STATE OF GUJARAT Vs. BHUPAT VALJIBHAI AND ORS

JUDGEMENT

(1.) THE present Criminal Appeal has been filed by the Appellant State challenging the impugned judgment and order passed in Special Case (Atrocity) No. 213 of 1997 by the learned Additional Sessions Judge, Rajkot dated 25.11.1999 recording acquittal of the accused for the alleged offences under Sections 323, 324, 504 read with Section 114 of the Indian Penal Code as well as under Section 3(1)(X) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocity) Act.

(2.) HEARD learned APP Ms. Monali Bhatt for the Appellant State and learned Advocate Shri Jayesh H. Dave for the Respondents / Original Accused.

(3.) LEARNED APP Ms. Monali Bhatt referred to the impugned judgment and order as well as the deposition of witnesses including the deposition of victim Babubhai Nathubhai PW2 at Exhibit -11 as well as deposition of Rajeshbhai Bhanjibhai at Exhibit 14. Learned APP Ms. Bhatt has tried to submit that, as stated by the injured victim Babubhai Nathubhai in his deposition at Exh.11, he was attacked with knife and had received injury on his hand as well as on his thigh. She has also stated that the delay in filing the complaint is explained that as there was some talk about the compromise and since it was not through, the complaint came to be filed. She therefore submitted that the delay in filing the complaint with regard to the incident which has occurred on the same day in the morning cannot be said to be fatal. She has also referred to the evidence of Dr. Chandresh Chandulal Kothari at Exh.6 and submitted that such an injury of abrasion could be caused with the knife. She has also stated that the evidence of injured victim Babubhai at Exhibit -11 is corroborated by this medical evidence with regard to the injury, which the court below has failed to consider, and merely because there is some abrasion, the court has drawn the conclusion contrary to this evidence of the injured witness and the evidence of the Doctor. She therefore submitted that the impugned judgment and order is contrary to the evidence on record and the judgment may be quashed and set aside.