STATE OF GUJARAT Vs. RAHIM AAMAD NAYA

JUDGEMENT

(1.) THE present appeal, under section 378 of the Code of Criminal Procedure, 1973, is directed against the judgment and order of acquittal dated 17.12.2003 passed by the learned Jt. District Judge and Addl. Sessions Judge in Special Criminal Case No. 13 of 2002, whereby, the learned trial Judge acquitted the original accused the respondents no. 1 and 2 herein, of the charges for the offence punishable under Section 323,324 and 504 of the Indian Penal Code, Section 135(1) of the Bombay Police Act and Section 3(1)10 of the Schedule Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

(2.) THE brief facts of the prosecution case are that the complainant Malshi Rama is residing at Bedi, Iqbal chowk, Harijan Vas, Jamnagar, with his family. That two to four days prior to the incident, he did not go to his work due to illness. That on 17.1.2002, at about 4.00pm in the afternoon, the complainant and his relative Lakha Raja went for answering the call of nature near "Adam Sheth Ni Wadi". At that time, the accused no. 1 and two unknown persons came there and gave foul abuses to the complainant and witness Lakha Raja. Therefore,the complainant asked the accused as to what harm they had done to the accused. Thereafter, the accused no. 1 gave kick and first blows to the complainant while the two unknown persons gave kick and fist blows to the witness Lakha Raja. In the meanwhile, the accused no. 1 brought a sickle and two washing clubs from the neighbourhood and inflicted sickle blow on the head of the complainant. That as the witness Lakha Raja intervened, he also received injuries at the hands of the accused on his shoulder and hand with the washing club blows. Thereafter, the complaint and the witness escaped from the place and went to their home and thereafter they were taken to G.G. Hospital where the complainant gave his complaint. Necessary investigation was carried out and statements of several witnesses were recorded. During the course of investigation, respondents were arrested and, ultimately, charge -sheet was filed against them, which was numbered as Special Criminal Case No. 13/2002. The trial was initiated against the respondents.

(3.) TO prove the case against the present accused, the prosecution has examined witnesses and also produced documentary evidence.