STATE OF GUJARAT Vs. PATEL BAKABHAI @ VIRENDRABHAI ISHWARBHAI

JUDGEMENT

(1.) THE State has preferred this appeal under Section 378 of the Criminal Procedure Code against the judgment and order dated 22.1.2003 rendered by the learned Special Judge, 3rd Fast Track Court, Mehsana in Special (Atro) Case No.56 of 2001. The said case was registered against the present respondents original accused for the offence under Sections 323, 325, 447, 147, 148, 149 and 506 (2)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 on 25 -2 -1999 at about 9:15 pm in the night, the complainant and his brother Amratbhai and other people from his village namely Patel Bharatbhai Trikamlal, Patel Sureshbhai Chelabhai, Patel Nanjibhai Pujabhai and his friend Khemabhai Narsinhbhai and Patel Amratbhai Nanjibhai etc. had gone to the field of Leuva Patel Nanjibhai Pujabhai for cutting "raydo" by thresher. At that time Patel Dineshbhai Somabhai, Patel Dineshbhai Vijaybhai, Patel Vishnubhai Virabhai, Sanjay Mulchandbhai and Patel Bakabhai Ishwarbhai, in all five persons, came with Dhariya and sticks in their hands to the field of Nanjibhai Pujabhai. That without saying anything they attacked the complainant and witnesses. That Vishnubhai Virabhai Patel gave a stick blow on the left elbow of the complainant. That stick blow was also given to his brother Amratbhai on his knee. That Bakabhai Ishwarbhai gave a Dhariya blow on the hand of Bharatbhai Trikambhai, who who was present there. That Harijan Kehmabhai Narsinhbhai, who tried to intervene, was also beaten up. That on shouting the amused ran away from the place of incident. That as Harijan Khemabhai and Bharatbhai were seriously injured, they were taken to Mehsana Civil Hospital. The further prosecution case is that the accused formed an unlawful assembly, the common intention of which was to cause serious and simple injuries to the complainant and prosecution witnesses. It is also the case of the prosecution that the witness Harijan Khemabhai Narsinhbhai belonged to Scheduled Caste community, the accused in public insulted him by saying that "SaIa Dheda tu kem vachche pade che" and thereby the accused have committed the offence under Section 3(1)(10) of the Atrocities Act. On these facts the complaint was filed by the complainant with Visnagar Police Station. The police after investigation charge sheeted the accused for the aforesaid offences. 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 following witnesses: <FRM>JUDGEMENT_100_LAWS(GJH)1_2015.htm</FRM>