STATE OF GUJARAT Vs. RAJABHAI BHATHIBHAI SAVGHOL (RABARI)

JUDGEMENT

(1.) The present appeal at the instance of the State under Sec. 378(1)(3) of Criminal Procedure Code, 1973 is filed against the judgment and order dated 3 rd November, 2007 passed by the learned Additional Sessions Judge and Special Judge, Dhrangadhra in Special Case no.5 of 2007 challenging the aforesaid order of acquittal of the respondent no.1 - original accused for the offences alleged under Ss. 323, 504, 506(2) of Indian Penal Code, Sec. 135 of the Bombay Police Act, as well as, Ss. 183 and 184 of the Gujarat Panchayat Act, and Sec. 3(1)(x) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 (hereinafter referred to as 'the Atrocity Act, 1989' for the sake of convenience).

(2.) The case put-forward by the prosecution by referring to the allegations made by the original complainant are as under:-

(3.) The investigation, after the FIR was registered, was handed over to the Competent Officer under the Special Act. The Deputy Superintendent of Police, Surendranagar had embarked upon the investigation. The statement of the complainant, as well as, witnesses have been recorded. The panchnama of scene of offence was drawn. The documents in the nature of the Caste Certificate, the Notification issued by the District Magistrate concerned under Sec. 37(3) of the Bombay Police Act was collected. At the end of the investigation, considering the involvement of the respondent - original accused, charge-sheet came to be filed for the offence punishable under Ss. 323, 504, 506(2) of Indian Penal Code, Sec. 135 of the Bombay Police Act, as well as, Ss. 183 and 184 of the Gujarat Panchayat Act, and Sec. 3(1)(x) of the Atrocity Act, 1989.