STATE OF GUJARAT Vs. RAJESHKUMAR BHIKHABHAI PATEL

JUDGEMENT

(1.) The present appeal is filed at the instance of the State under Sec. 378(1)(3) of the Code of Criminal Procedure, 1973 directed against the impugned judgment and order of acquittal dtd. 1/10/2007 passed by Court of learned Special Judge, Panchmahals at Godhra in Special Case No.16 of 2007 (Atrocity). By the said impugned judgment and order, the respondent nos. 1 and 2- original accused were acquitted for the offences alleged under Ss. 323, 504 read with Sec. 114 of the Indian Penal Code and Sec. 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as the "Atrocity Act,1989") and Sec. 135 of the Bombay Police Act.

(2.) In nutshell the facts giving rise to the present appeal are as under:

(3.) Upon registration of the FIR, the Deputy Superintendent of Police who was the competent officer under the Special Act had taken over the charge of investigation. During the course of investigation, the statement of witnesses were recorded. The panchnama of place of offence was also drawn. Since sufficient evidence connecting the respondents was gathered by the Investigating Officer and the offence was made out according to the Investigating Officer, the charge sheet came to be filed against the respondent nos. 1 and 2- original accused.