LAWS(GJH)-2024-5-122

STATE OF GUJARAT Vs. PATEL NARESHBHAI JIVANLAL

Decided On May 23, 2024
STATE OF GUJARAT Appellant
V/S
Patel Nareshbhai Jivanlal Respondents

JUDGEMENT

(1.) The present Appeal is filed at the instance of State under Sec. 378(1)(3) of the Code of Criminal Procedure, 1973 (for short 'the Code') and is directed against the judgment and order of acquittal dtd. 12/6/2007 passed by the learned Additional Sessions Judge and Fast-track Judge, Mahesana camp at Visnagar in Special (Atrocity) Case No.2 of 2007.

(2.) By the said judgment and order, the learned Special Judge has recorded acquittal of respondent Nos.1 to 3 herein- original accused for the offence alleged under Ss. 504, 506(2) and 114 of the Indian Penal Code (for short 'IPC') as also under Sec. 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short 'the Atrocities Act') as well as Ss. 3 and 7 of the Human Right Protection Act (for short 'the protection Act') and Sec. 135 of the Bombay Police Act (for short 'B.P.Act'), in Special (Atrocity) Case No.2 of 2007.

(3.) The facts giving rise to the present appeal are as under: