KARAMSHIBHAI BHIKHABHAI PARAGHI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BY way of this appeal, the appellant original complainant has challenged the judgment and order of the learned 4th (Ad Hoc)Additional Sessions Judge and Special Judge, Dhrangadhra, Dated : 29.04.2014, rendered in Special Case No. 29 of 2012, whereby, the learned trial Judge acquitted the original accused the opponent Nos. 2 to 6, herein, of the charges for the offence punishable under Section 147, 148, 149, 504, 506(2), 427 of the Indian Penal Code, Section 135 of the Bombay Police Act and Section 3(1)10 of the Schedule Castes -Tribes (Prevention of Atrocities) Act, 1989.

(2.) THE brief facts of the case of the prosecution, as set out before the trial Court, are that a complaint came to be lodged by the original complainant -appellant, herein, on 10.05.2012, before the Halvad Police Station for the offences, as referred to in paragraph -1, herein above, which came to be registered vide IC. R. No. 59/2012. In the said complaint, it is stated that on 09.05.2012, while the complainant was at home, all the accused, herein, formed an illegal association and attacked the house of the complainant and caused damage to his house by pelting stones and with sticks carried by them to the extent of Rs.10,000/ -. It is, further, alleged in the complaint that the accused also hurled filthy abuses at the complainant about his caste. According to the complainant, the reason for the alleged incident was that the brother of the complainant had asked one Bharvad Vaghabhai Lakhabhai to see that her daughter behaves properly.

(3.) ON registration of the complaint, police carried out the investigation and on finding sufficient evidence, lodge charge -sheet against the accused -opponents, herein. Pursuant thereto, the case was placed before the trial Court. The prosecution, in support of its case, examined following witnesses; <FRM>JUDGEMENT_117_LAWS(GJH)1_2015.htm</FRM>