STATE OF GUJARAT Vs. PATEL BHANJIBHAI MANSANGBHAI

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 31.5.2005 passed by the learned Addl. Sessions Judge, 7th Fast Track Court, Palanpur in Special Case No. 27 of 2003, whereby, the learned trial Judge acquitted the original accused the respondents herein, of the charges for the offence punishable under Section 323, 504, 506(2) and and 114 of IPC and under section 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 the complainant Harijan Senghabhai Sartanbhai Malsan, residing at Vav village. That on 4.10.1998 the accused no. 1 Bhanjibhai had tried to commit rape on complainant's wife and had beaten the complainant, hence the complaint was lodged at Vav Police Station,. That the accused was released on bail by the court. The accused told to withdraw the complaint otherwise he would kill him. On 9.10.1998 at about 11.00pm, when the complainant was sleeping in his house at that time, accused no. 1, Bhanjibhai and his cousin brother accused no. 2 Ravji Ramdas came there and threatened the complainant to kill him and they beat the complainant. On hearing the shouts, the complainant's parents reached there and saved the complainant, and thereafter, the accused persons ran away from the place of offence. The first information was lodged and investigation was carried out. Statements of several witnesses were recorded. During the course of investigation, respondents were arrested and, ultimately, charge -sheet was filed against them. The case was committed to the Court of Sessions. The case was numbered as Special Case No. 27/2003.

(3.) TO prove the case against the present accused, the prosecution examined witnesses and also produced documentary evidence which has been thoroughly gone through by this Court.