LAWS(GJH)-2015-1-395

STATE OF GUJARAT Vs. GIRVATSINH NARPATSINH RAJPOOT

Decided On January 20, 2015
STATE OF GUJARAT Appellant
V/S
Girvatsinh Narpatsinh Rajpoot Respondents

JUDGEMENT

(1.) THE State has preferred this appeal under Section 378 of the Criminal Procedure Code against the judgment and order dated 18.10.2003 rendered by the learned Joint District Judge and Special Judge, 4th Fast Track Court, Bharuch at Rajpipla in Special Atrocity Case No.1 of 2000. The said case was registered against the present respondent original accused for the offence under Sections 323, 504, 506 (2) and 114 of the Indian Penal Code and also under Section 3 (6) (10) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act (herein after referred to as "Atrocities Act").

(2.) THE case of the prosecution is that the complainant Chandubhai Maganbhai is belonging to Harijan community and was residing at Village -Tankari. On 11 -6 -1999, when the complainant was present at his house with his family, in the night at about 8:00 pm., one Kanchanbhai Tadavi was going by jumping over the fencing of the "Wada" of the complainant. Therefore, the complainant objected and told Kanchanbhai that as to why he was going by breaking fencing of his Wada. Thereupon, Kanchanbhai got excited and raised an ironshod stick towards the complainant. Therefore, the complainant went into his house. Thereafter, Kanchanbhai went for calling the accused. Thereafter the accused armed with spade and Kanchanbhai came near the house of the complainant and shouted for the complainant. Thereupon, the complainant came out from his house, the accused started giving foul abuses to him and also uttered following words relating to his caste " Tari mano bhangdo mare kem vadhare fati gayel chho". Thereafter, as the wife of the complainant came out and intervened, the accused gave her kick and fist blows. Thereafter, the mother of the complainant came out and she and complainant saved the wife of the complainant from further beating. Thereafter the complainant called the Sarpanch and Sarpanch rebuked the accused. The accused gave a threat to kill the complainant and thereafter left the place of offence. On these facts, the complaint was filed with the police. 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 person, prosecution has examined 15 witnesses and also produced several documents in evidence.