STATE OF GUJARAT Vs. REVABHAI DOLABHAI PRAJAPATI

JUDGEMENT

(1.) This appeal filed by the appellant - State under Sec. 378(1) (3) of the Criminal procedure Code, 1973 (Code), assails the judgment and order dtd. 30/6/2010, passed by the learned Additional Sessions Judge, Fast Track Court No.4, Deesa in Special (Atrocity) Case No.147 of 2008, acquitting the respondents - original accused for the offence punishable under Ss. 147, 148, 149, 447, 323, 504,506(2) of Indian Penal Code, 1860 (IPC) and Sec. 3(1)(10) of Atrocity Act. 1.2 On 11/10/2024, the Coordinate Bench of this Court had issued notice to original complainant Respondent No.9, which as per record is served. Respondent Nos.1 to 8 are also served.

(2.) The brief facts of the prosecution case are as under:- The prosecution case is that the complainant Babubhai Kalabhai Valmiki, registered a complaint against present accused persons, with Deesa Rural Police Station, which was registered as M. Case No.21/06 for the offences punishable under Ss. 147, 148, 149, 447, 323, 504, 506(2) of Indian Penal Code and Sec. 3(1)(10) of Atrocity Act. It is the case of the prosecution that on 14/12/2006, at about 10.00 hours or during that period, at the sim of village: Jerda, in the farm of Survey No.488/2 to 11, in front of hut of complainant, present accused persons in furtherance of their common intention, formed an unlawful assembly and as a member of unlawful assembly, by holding deadly weapons like Dhariya, Axe, Pipes, Sticks and Scissors, committed trespass in the farm of complainant, abused him against his mother and sister, accused Narsinhbhai inflicted Dhoka blow on him, caused hurt to him, threatened him to kill and however, knew very well that he belonged to scheduled cases, humiliated him in public by abusing him of his caste. Therefore, complaint was lodged by the complainant.

(3.) It was contended by learned APP that the judgment and order of the Sessions Court is against the provisions of law; the Sessions Court has not properly considered the evidence led by the prosecution and looking to the provisions of law itself it is established that the prosecution has proved the whole ingredients of the evidence against the present respondents. Learned APP has also taken this Court through the oral as well as the entire documentary evidence.