STATE OF GUJARAT Vs. AADAMBHAI IBRAHIMBHAI DASU PATEL

JUDGEMENT

(1.) BY way of this appeal, the appellant State has challenged the judgment and order of the learned Second Extra Asst. Sessions Judge and Special Judge (Atrocity), Bharuch(for short, 'the trial Court'), Dated : 18.11.2000, rendered in Special Atrocity Case No. 112 of 1999, whereby, the learned trial Court acquitted the original accused the Respondents Nos. 1 and 2, herein, of the charge under Sections 297, 323, 504, 506(2) read with Section 114 of the Indian Penal Code, Section 3(1)(10) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act and Section 135 of the Bombay Police Act.

(2.) THE brief facts of the case of the prosecution, as set out before the trial Court, are that the original complainant lodged a complaint with the police, wherein, it is stated that the complainant belongs to Scheduled Caste and is an elected member of the body of the Gram Panchayat of Kavi. It is alleged in the complaint that the accused Nos. 1 and 2, who were Sarpanch and Dy. Sarpanch of the village Kavi, got three trees cut from the crematorium place of the persons belonging to Scheduled Castes without any permission either from Mamlatdar or from Administrators of the crematorium, and hence, the accused had threatened the complainant. It is, further, stated in the complaint that on 08.02.1999, while the complainant was present at his house, the accused Nos. 1 and 2 came there with wooden sticks and beat the accused and also hurled abuses at him with regard to his caste. On registration of the complaint, police carried out investigation and on finding sufficient evidence, a charge -sheet was filed against both the accused. At the time of trial, since, the accused did not plead guilty, the trial was conducted.

(3.) BEFORE the trial Court, the prosecution, in support of its case, examined about twelve witnesses.