STATE OF GUJARAT Vs. AIYUB @ BHANA MIRASHAB KHILJI

JUDGEMENT

(1.) THE present appeal, under Section 378(1)(3) of the Code of Criminal Procedure, 1973, is directed against the judgment and order of acquittal dated 25.9.2014 passed by the learned Special and Additional Sessions Judge, Bharuch, in Special Atrocity Case No.23 of 2013, whereby the learned Judge acquitted the accused from the charges leveled against them.

(2.) THE brief facts of the prosecution case are such that the complainant Rekhaben Jagdishbhai Rathod resident of Taluka : Vagara, District: Bharuch had lodged the complaint on 10.01.2013. It is stated in the complaint that when the complainant went to her parental home at Aamod, she came to know that her husband, all of a sudden fall ill and hence, she along with her brother namely Kamleshbhai Jashubhai Rathod came back to her in -laws house. At that time, the mother -in -law of the complainant namely Manjulaben Natwarbhai Rathod (accused No.2) called Sarpanch of the Village namely Aiyub @ Bhana Mirashab Khilji (accused No.1) and both of them have beaten the complainant and her brother. It is stated in the complaint that as the complainant and her brother belong to Schedule Tribe, the accused abused and insulted by using the words like "you aadiwasi go away otherwise you will be killed". Therefore, the complaint came to be lodged at Vaghara Police Station against the accused for the offences punishable under Sections 323, 504, 506(2) of the Indian Penal Code and under Section 3(1)(10) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989. Necessary investigation was carried out and statements of several witnesses were recorded. The charge -sheet was filed against the accused before the Court of learned Judicial Magistrate First Class. Thereafter, as the case was exclusively triable by the Sessions Court, the same was committed to the Sessions Court under the provisions of Section 209 of the Criminal Procedure Code.

(3.) BEING aggrieved by and dissatisfied with the aforesaid judgment and order passed by the Sessions Court, the appellant - State has preferred the present appeal.