STATE OF GUJARAT Vs. NILESHBHAI RAMABHAI AHIR

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 16.9.2014 passed by the learned Special and Additional Sessions Judge, Bharuch, in Special Atrocity Case No.22 of 2014, whereby the learned Judge acquitted the accused from the charges leveled against him.

(2.) THE brief facts of the prosecution case are such that the complainant Himanshubhai Sureshbhai Solanki, resident of Navinagri, At Tralsa, Ahir Faliyu, Taluka and District: Bharuch had lodged the complaint on 02.03.2014. It is stated in the complaint that the complainant along with his parents was residing at Navinagri, Tralsa, Taluka District : Bharuch and studying in Standard 12. The parents of the complainant were doing labour work. On 02.03.2014, the complainant was at his home and in the evening at about 7.00 p.m., the complainant and one Kiranbhai Hashmukhbhai Parmar, a nearby neighbour went to Bhathiji temple, situated near village : Tralsa for darshan and offering coconut. At that time, no one was present there and after returning from temple, one Nileshbhai Ramabhai Ahir, the respondent herein came over there and asked "why they dheda have climbed temple" and 2 -3 slaps were given to the complainant. Thereupon, Kiran told that they were leaving from there and did not quarrel. The respondent further angry and told them, not to come at temple else, otherwise, they will not be left them alive. So that threat was given to the complainant and his accompany (Kiranbhai). It is stated in the complaint that they both went to their house and the complainant informed about the incident to his parents and grandfather and other people of the area and apprehending the accused to once again to take up quarrel, the complainant lodged the complaint at Bharuch Rural Police Station being C.R.No.II -10/2014 for the offences punishable under Sections 323, 504 and 506(1) of the Indian Penal Code and under Section 3(1) (10)(14) 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.) TO prove the case against the accused, the prosecution has examined 10 witnesses and also relied upon documentary evidence and at the end of trial, after recording the statement of the accused under Section 313 Criminal Procedure Code and after hearing the arguments on behalf of the prosecution and the defence, the learned Special and Sessions Judge held that the accused has not guilty of the offences charged against him.