STATE OF GUJARAT Vs. AMIN USMAN KADIWALA

JUDGEMENT

(1.) THE State has preferred this appeal under Section 378 (1) (3) of the Criminal Procedure Code against the judgment and order dated 31.12.2004 rendered by the learned Additional Sessions Judge, 8th Fast Track Court, Palanpur, in Special Case No.145 of 2002. The said case was registered against the present respondent original accused for the offence under Sections 323, 504, 506(2) read with Section 114 of the Indian Penal Code and also under Section 3 (1) (10) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act.

(2.) THE case of the prosecution was that the complainant and other two persons went in the field of Govindbhai Ramjibhai Patel for discharging their duties as security guard. As per the case of the prosecution, on 10.6.2002, at about 11:00 Hrs. at night round with hand torch, the complainant and said two persons with him, were discharging their duties in the field, at that time, the accused persons along with respondent were seen by them. Therefore, the complainant asked about arrival in the field as well as to throw torch on trees and therefore, the respondent got enraged and gave filthy abuses to the complainant about his caste. It is also the case of the prosecution that the accused persons caught hold of the complainant and gave knife blow to the complainant and other accused gave knife blow to the prosecution witness Babubhai and third person ran away from the place of incident. Therefore, the offence under Sections 323, 504, 506(2) and 114 of the Indian Penal Code and Section 3(1) (10) of the Atrocity Act were registered against the accused including present respondent. The police after investigation, filed charge sheet against the accused for the aforesaid offences and then the case was committed to the Court of Sessions by the learned Judicial Magistrate First Class. The accused pleaded not guilty to the charge and claimed to be tried.

(3.) IN order to bring home the charges against the accused persons, prosecution has examined 8 witnesses like P.W.1 Vashrambhai Kanjibhai Solanki Exhibit 9, P.W.2 Dineshbhai Nathabhai Solanki Exhibit 10, P.W.3 Babubhai Nanjibhai Solanki Exhibit 11, P.W.4 Vikrambhai Avaddan Gadhvi Exhibit 12, P.W. 5 Bhagvanbhai Joitabhai Prajapati Exhibit 17, P.W.6 Nathabhai Ramjibhai Solanki Exhibit 19, P.W. 7 Bhemabhai Kachrabhai Solanki Exhibit 21 and P.W. 8 Rameshbhai Dungarbhai Makwana Exhibit 22. The prosecution also produced several documentary evidence to prove the case in its favour.