STATE OF GUJARAT Vs. THAKOR KHODAJI BABUJI

JUDGEMENT

(1.) THE present acquittal Appeal has been filed by the appellant original complainant, State of Gujarat under Section 378(1)(3) of the Cr. P.C., against the Judgment and order dated 10.12.2014 rendered by the learned 3rd Additional Sessions Judge and Special Judge, Kalol, District: Gandhinagar, in Special (Atrocity) Case No.10 of 2012. The said case was registered against the present respondents -original accused for the offences punishable under Sections 147, 148, 149, 323, 352, 504, 506(2) of the Indian Penal Code, under Section -3(1)(xiv) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocity) Act and under Section 135 of the Bombay Police Act.

(2.) ACCORDING to the prosecution case, there was an event of marriage in the relative of complainant (in the family of the uncle of the complainant). Hence, in law had visited the village of the complainant as the marriage was to be performed there. Round about 10:00 o'clock, the Janna -Marriage Procession came and after the marriage ceremony was over, when the marriage Procession was given a bid, at that time, drum beats were played. Hence, the accused who are belonging to the same village as that of complainant came over there and used filthy language for purpose of getting the drum beat stopped. All the accused took up a quarrel for the same and stopped the drum beats. When asked why the drum beats were stopped, the accused counter questioned about the authority of the complainant about playing the drum. Exchange of words took place and allegation was made by the accused that the complainant is an impediment in the residential area and he has to be cut into pieces. Saying to kick and fist blow were inflicted. As the other people intervened, the accused at that time left that place, but there after Rajuji Babuji with sword, Khodaji Babuji with Dhariya, Lalaji Sursangji with Dhariya, Arjanji Mafaji and Babuji Kakalji with wooden stick came over there and inflicted blow to the father of the complainant, complainant and younger brother of the complainant Phulabhai and Melabhai. As a result of which, the complaint was filed by the complainant before the Kalol Taluka Police Station, which was registered as IC.R.No.109 of 2010. Then, investigation was carried out and statements of the witnesses and complainant were recorded. At the end of the investigation, the police collected sufficient evidence against the respondentsaccused and charge -sheet was filed against the respondents -accused for the offence punishable under Sections 147, 148, 149, 323, 352, 504, 506(2) of the Indian Penal Code, under Section -3(1)(xiv) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocity) Act and under Section 135 of the Bombay Police Act by the Investigating Officer before the learned Judicial Magistrate First Class, Kalol. As the said offences were exclusively triable by the Sessions Court, learned Judicial Magistrate First Class, Kalol committed the case to the Court of learned 3rd Additional Sessions Judge and Special Judge, Kalol, District: Gandhinagar, which was numbered as Special (Atrocity) Case No.10 of 2012.

(3.) ON the basis of above allegations, charge was framed vide Exh.8 and read -over and explained to the accused for the offence punishable under 147, 148, 149, 323, 352, 504, 506(2) of the Indian Penal Code, under Section -3(1) (xiv) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocity) Act and under Section 135 of the Bombay Police Act. Then, plea was recorded vide Exh.9 to 17 and respondents -accused pleaded not guilty to the charge and claimed to be tried.