STATE OF GUJARAT Vs. BHARATBHAI MALUBHAI BHOJAIYA DEVIPUJAK

JUDGEMENT

(1.) HEARD learned Additional Public Prosecutor for the appellant - State Ms. C.M. Shah and learned Advocate for the respondent Ms. E. Shailaja.

(2.) BY way of Criminal Appeal No. 636/2011 which is filed for enhancement of sentence, the Appellant - State has felt aggrieved by the judgment and order of conviction and sentence dated 16.03.2011 of the learned Presiding Officer, Fast Track Court No. 2, Bhavnagar, Camp : Botad in Special Atrocity Case No. 30/2005 whereby the respondent herein was convicted and sentenced to undergo rigorous imprisonment for two years and fine of Rs. 1,000/ -, in default, rigorous imprisonment for six months under Section 326 read with Section 114 of the Indian Penal Code. The respondent accused was acquitted of all the offences punishable under Section 504 of the Indian Penal Code and under Section 135 of the Bombay Police Act and under Sections 3(1)(10) and 3(2)(5) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.

(3.) LEARNED Additional Public Prosecutor Ms. C.M. Shah has submitted that the learned Judge ought to have taken into consideration the deposition of the complainant, who has categorically stated about the alleged incident, the role played by each of the accused and the reason behind the alleged incident. The complainant here is the eye witness as well as the injured witness and therefore, evidentiary value is required to be attached to the evidence of this witness. It is further submitted that the medical evidence as well as the deposition of Medical Officers also need to be examined, as they had treated the complainant. The medical certificates issued by the Medical Officer as well as from the deposition of the Medical Officers, it is clear that the accused had caused grievous injuries by using dangerous weapons. Considering the above, it is submitted that this is a fit case which requires interference of this Court in the judgment and order of the learned Presiding Officer, Fast Track Court No. 2, Bhavnagar, Camp : Botad.