STATE OF GUJARAT Vs. IBRAHIM AHMAD FULAT

JUDGEMENT

(1.) THE State has preferred this appeal under Section 378 (1) (3)of the Criminal Procedure Code against the judgment and order dated 30.10.2004 rendered by the learned Special Judge and Assistant Sessions Judge, Navsari in Special Atrocity Case No.5 of 2003. The said case was registered against the present respondents original accused persons for the offence under Sections 323, 342, 143, 147, 148, 149, 506(2) and 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 is such that on 14.6.2003 at about 4:30 p.m., the accused No.1 came to the house of the complainant and asked him to come to his residence for labour work. At about 5:30 p.m., the complainant and his neighbour Maheshbhai Jivanbhai Rathod were digging the field. At that time, the accused Nos.4, 5 and 6 came there with their servants and also the accused Nos.1 to 3 came there asked the complainant as to why the complainant took the accused No.6 to the sugarcane field on the previous Wednesday. Therefore, the complainant replied that neither he had taken the accused No.6 nor he teased her. By hearing that, the accused got angry and started unwarranted abuses and fist and kick blows. The accused No.1 gave spade blow on the shoulder and left legs as well as both the hands of the complainant. Therefore, the complainant started shouting and on hearing that his sister -in -law Nitaben and Manjulaben who were returning from the tailoring class, intervened and saved the complainant. At that time, the accused persons were abusing the complainant by saying "Sala dubla aje to tu bachi gayo che fari malish to tara hath pag todi nakishu, jan this mari nakhisu". By giving such abuses, the accused used unwarranted words against the caste of the complainant.

(3.) IN order to bring home the charges against the accused persons, prosecution has examined 8 witnesses like P.W.1 Babubhai Bhanabhai Rathod Exhibit 13, P.W.2 Nitaben Sumanbhai Rathod Exhibit 15, P.W.3 Manjuben Rameshbhai Rathod Exhibit 16, P.W.4 Maheshbhai Jivanbhai Rathod Exhibit 17, P.W. 5 Dr. Dhavalkumar Muktibhai Mehta Exhibit 21, P.W. 6 Rameshbhai Nathubhai Rathod Exhibit 24, P.W. 7 Aminabibi Mohmmadbhai Shaikh Exhibit 24 and P.W.8 Dr. Narendrabhai Kantilal Amin Exhibit 30. The prosecution also produced several documentary evidence to prove the case in its favour.