SHTRUJITSINH RUPSINH GOHIL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE appellant has preferred this appeal under Section 374 of the Criminal Procedure Code against the judgment and order dated 21.3.1997 passed by learned Special Judge, Court No.8, Ahmedabad, in Atrocity Criminal Case No.50 of 1995. The said case was registered against the present appellant original accused for the offence under Sections 323, 427, 504, 506 (2) of the Indian Penal Code and under Section 3 (1) (x) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act.

(2.) THE case of the prosecution is that complainant Rajendrabhai belongs to scheduled tribe and he has been given distributorship of "Indane Gas". It is the case of the complainant that he is having his office at Jethabhai's Vav, Vatva Road, Isanpur, in the name and style of 'Ambica Gas Service'. It is the case of the complainant that one Mehta Devdutti is a customer having No.10098 residing at Ghodasar. It is the case of the complainant that customer having No.10098 had booked the cylinder on 6th September 1994 and the cylinder was not delivered to the customer upto 14th September 1994. It is the case of the complainant that Police Inspector, Gohil of Crime Branch was taking gas cylinders on customer No.10098. It is the case of the complainant that on 14th September 1994 at about 11.15 a.m. he was working at Ambica Gas Service with other staff members. It is the case of the complainant that there was line outside the office for obtaining gas. It is the case of the complainant that at about 11.15 a.m. when he was attending his work three persons came to him, out of the line, and one of those three persons told complainant "that he is Police Inspector, Gohil of Crime Branch, Ahmedabad and has booked gas on 6 -9 -94 on customer No. 10098. It is the case of the complainant that he was told to get the card issued and make inquiries. However he did not pay any heed and insisted for supply of the gas cylinder immediately. It is the case of the complainant that at that time, his father, Ravjibhai Pitambardas came to the place and he wanted to enter the cabin of the complainant. It is the case of the complainant that Ravjibhai told P.I., Gohil to give way so that he can go inside the cabin. It is the case of the complainant that at that time the accused asked Ravjibhai as to "who was he to tell him to go away". It is the case of the complainant that Ravjibhai informed Gohil that he is father of the owner of the gas agency. It is the case of the complainant that on this reply Gohil got enraged and infuriated and caught hold of Ravjibhai by collar and gave two slaps and pushed him. It is the case of the complainant that Ravjibhai fell on the gas cylinders which were lying in the corner. It is also the case of the complainant that all the three persons then started giving kick blows to Valjibhai. It is the case of the complainant that ultimately Ravjibhai was taken inside the cabin with the help of other customers and that Ravjibhai appeared to have become unconscious. It is the case of the complainant that other customers tried to pacify all those three persons. It is also the case of the complainant that accused tried to enter into the cabin. It is the case of the complainant that as the door was closed and accused was stopped from entering into the cabin the accused broke the glass of the cabin. It is the case of the complainant that accused became more angry and he took out his revolver and pointed the same at his father from the broken glass window. It is the case of the complainant that accused gave abuses and threatened to kill father of the complainant. It is the case of the complainant that accused stated "Sala, Dheda, all six rounds will be fired. I know your caste. I have served at Porbandar for 5 years and I belong to Garasiya caste. That I am first "Lukha" and then Inspector. I am not concerned for service. I will burn this office and I possess strength to remove all of you from your house by evening. It is the case of the complainant that realizing the seriousness of the situation he immediately handed over the gas cylinder to calm down the accused. It is the case of the complainant that when the accused was going with his two companions he was given threat that if any police complaint was filed the result will be worst and unexpected.

(3.) THE charge was framed against the accused for the above referred offences and the accused pleaded not guilty to the charge. The accused denied the prosecution case and that he was falsely implicated. It was the case of the accused that he had not taken connection or obtained cylinder in the name of Mehta Devdutt having consumer No. 10098 and that there were many 'Gohils' in the police department.