STATE OF GUJARAT Vs. KHUDADOSTKHAN MURTAJAALIKHAN AND ORS

JUDGEMENT

(1.) The present appeal, under section 378 of the Code of Criminal Procedure, 1973, is directed against the judgment and order of acquittal dated 27.11.1997 passed by the learned Addl. Sessions Judge, Vadodara in Atrocity Case No. 127/1995, whereby, the learned trial Judge acquitted the original accused the respondents herein, of the charges for the offence punishable under Section 342, 384, 323, 337, 166,193, 211, 504, 506,114 of IPC and under sec. 3(1)(10) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

(2.) The brief facts of the prosecution case are that on 2.4.1995, at about 8.40pm, after taking dinner when the complainant was watching the TV, accused no. 2 had come to the house of complainant and told him that accused no. 1 had some work and he is calling you. Therefore, complainant and accused no. 2 had gone to the house of accused no. 3 where accused no. 1,3 and 4 were sitting in the house. When complainant reached, therefore, accused have abused him and gave kick and fist blows. Accused no. 2 had caught hold the complainant and accused no. 1 had given stick blows also threatened him. Therefore, the complainant had filed the complaint in the Court learned Judicial Magistrate First Class, Vadodara, which was sent to the Police for investigation under section 156(3) of CrPC. The necessary investigation was carried out and statements of several witnesses were recorded. During the course of investigation, respondents were arrested and, ultimately, charge-sheet was filed against them, which was numbered as Atrocity Case No. 127/1995. The trial was initiated against the respondents.

(3.) To prove the case against the present accused, the prosecution has examined witnesses and also produced documentary evidence.