STATE OF GUJARAT Vs. HATHIYA JIVABHAI KARAVADRA

JUDGEMENT

(1.) THE State has preferred this appeal under Section 378 of the Criminal Procedure Code against the judgment and order dated 23.8.2004 rendered by the learned Assistant Judge, Porbandar, in Sessions Case No.24 of 2001. The said case was registered against the present respondent original accused for the offence under Sections 333 and 186 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 Naranbhai Mandabhai, Urarmed Head Constable of Kamlabaug Police, was on duty at Ranibaug Traffic Point on 24.4.2004 at between 16:00 to 20:00 hrs. and at that time, at about 17:15 Hrs. a private jeep which was coming from the side of Hanuman Gufa Police Station. The complainant gave signal to stop the vehicle, but as the driver of the said jeep did not stop the vehicle, he blown his whistler, inspite of that the driver did not stop the vehicle. The number plate of the vehicle was not there on the vehicle and therefore, the complainant chased the said driver by auto rickshaw and stopped the said. Thereafter, the complainant told the driver to take jeep at Ranibaug Traffic point. At that time, the driver of the said jeep caused injury on the complainant and started abusing the complainant and gave blow on his chest. Therefore, the complainant caught hold of the accused and asked him to sit in the jeep and take the jeep to the point. At that time also, the said driver started to abuse on the complainant by saying that "Tame Dedha Gnyati na cho" and thereby the accused insulted the complainant in the public. It is also the case of the prosecution that the accused snatched the helmet and uniform and threw the same and the accused slapped the complainant and therefore, spectacles of the complainant fallen down and the glass was broken. Even the driver of the said jeep took a stick from the nearby cabin and tried to hit the complainant and thereafter, with the help of one police Constable, the accused was taken to the police station. Thereafter, the offence as alleged punishable under Section 333 and 186 of the Indian Penal Code with Section 3(1) (10) of the Atrocity Act was registered against the accused. 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 11 witnesses like P.W.1 Naranbhai Mandabhai Balva, complainant Exhibit 10, P.W.2 Jitendrabhai Govindji Joshi Exhibit 14, P.W.3 Bhayabhai Rajsibhai Exhibit 18, P.W.4 Hiralal Mansurbhai Vala Exhibit 20, P.W. 5 Sobhnaben Somabhai Exhibit 21, P.W. 6 Dudhiben Hirabhai Exhibit 22, Mansingbhai Exhibit 23, P.W.8 Ajaybhai Gordhanbhai Exhibit 34, P.W.9 Baldevsinh Chandansinh Solanki Exhibit 39, P.W.10 Pradipbhai Vinodbhai Exhibit 44 and P.W.11 Gopinath Ramchandra Dabekar Exhibit 45. The prosecution also produced several documentary evidence to prove the case in its favour.