STATE OF GUJARAT Vs. LAKHIBEN @ LAXMIBEN

JUDGEMENT

(1.) By way of present appeal, filed under Section 378 of the Code of Criminal Procedure, 1973, the appellant has challenged the judgment and order of acquittal dated 30.5.2005 passed by the learned Additional Sessions Judge, Fast Track Court No.19, Vadodara, in Atrocity Case No.2 of 2004. The said case was registered against the respondents original accused for the offences punishable under Sections 235(1) of the Criminal Procedure Code read with Sections 504, 506 and 114 of the Indian Penal Code and under Section 3(1)(10) of the Prevention of (Scheduled Caste and Scheduled Tribe) Atrocities Act.

(2.) According to the prosecution case, on 6.3.2003 at about 9:00 hours when the complainant was selling papers at his shop, situated near the Government Dispensary the respondents accused came there and asked the complainant as to why he had given news against them in "Sandesh" and told the complainant "Sala Dheda". The respondentsaccused also told that police is unable to do anything and that the police are under their control and by saying so the respondentsaccused uttered such abusive words humiliating the caste of the complainant and also gave threat to kill him. The respondentsaccused gave threat to the effect that they would commit suicide and hold the complainant and the Sarpanch responsible for the same. Thereafter both left the place and while going they gave threat to Gopalbhai Patel. Hence the complaint came to be lodged.

(3.) Thereafter, investigation was carried out and statements of several witnesses were recorded. During the course of investigation, accused persons were arrested and, ultimately, chargesheet came to be filed against them in the Court of learned Special Judge.