STATE OF GUJARAT Vs. VAHTABHAI UKABHAI PATEL

JUDGEMENT

(1.) BY way of this appeal, the appellant State has challenged the judgment and order of the learned Special Judge (Atrocity), Banaskantha at Palanpur dated 07.09.2002 rendered in Special Case No.76 of 1996, whereby the learned Trial Judge acquitted the original accused opponents herein of the charges for the alleged offences.

(2.) THE brief facts of the prosecution case are that on 19.03.1996 at about 15:30 hours, complainant -Masrabhai Raymalbhai Harijan Chamar lodged a complaint with Tharad Police Station, wherein the complainant and his brother -Naranbhai Patel were watering the Bajri crops in the field of Peera Rupa. At that time, the accused called the complainant and told him that "Sala Dhedha Tane Mara Khetarma Pavanu Kahel Hatu Tem Chhata Tena Khetarma Kem Pavel Chhe". By saying so, the accused gave foul abuses affecting the caste of the complainant. It is further case of the prosecution that accused no.1 -Vahtabhai gave a push with the handle of the hoe on the waist of the complainant. Accused no.2 -Shamlabhai gave a fist blow below the left eye of the complainant. It is further case of the prosecution that accused no.3 -Vaktabhai gave fisticuffs.

(3.) AFTER completion of the investigation, the chargesheet was filed before the learned Magistrate Court. As the case was exclusively triable by the Court of Sessions, learned Magistrate Court under Section 209 of the Code of Criminal Procedure, 1973 (for short "Cr.P.C.") committed the said case to the Court of Special Judge (Atrocity), Banaskantha at Palanpur, which was, thereafter, numbered as Special Case No.76 of 1996. Since opponents -accused did not plead guilty and claimed to be tried, they were tried for the alleged offences.