STATE OF GUJARAT Vs. MOHAN BHIKHABHAI

JUDGEMENT

(1.) HEARD learned Additional Public Prosecutor Mr. L.R. Pujari for the appellant State.

(2.) BY way of this Appeal, the Appellant State has felt aggrieved by the judgment and order of acquittal dated 29.08.2003 of the learned Special Judge, Jamnagar in Sessions Case No.10/2002 whereby the respondents herein were acquitted of the offences punishable under Sections 429, 504, 506(2) and 114 of the Indian Penal Code and under Section 3(1)(10) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to in short as 'the Act').

(3.) THE case in brief and the incident which occurred on 10.09.2001 are as under : - Pravin the son of the complainant herein had taken his cow to the fields for grazing. As usual, after leaving the cow, he returned to his home. The cow did not return in the evening. Hence, the complainant and her son searched for the cow but could not find the animal. It is alleged that on the next day, one of the accused Punja Madha informed the complainant that her cow was resting in his wadi. The complainant and her son found that the cow was injured and could not stand. On enquiring about the injuries suffered by cow, one of the accused, i.e. No.1 - Mohan Bhikhabhai replied that since the cow had grazed in the fields of another person, it was beaten up. It is alleged that thereafter, the accused who were present in the Wadi gave foul abuses to the complainant and also threatened to kill the complainant. Hence, the complaint in this respect was filed. After investigation, the accused were chargesheeted under the above Sections and at the end of the trial, vide the judgment and order dated 29.08.2003, the learned Special Judge, Jamnagar acquitted al the accused.