STATE OF GUJARAT Vs. RAMESHBHAI CHHAGANBHAI MISTRI

JUDGEMENT

(1.) This appeal under Sec. 378 of the Code of Criminal Procedure, 1973 (hereinafter referred to as "the Code") came to be filed by the State of Gujarat challenging the judgment and order of acquittal recorded by the learned Sessions Judge, Sabarkantha at Himmatnagar dtd. 19/3/2010 in Atrocity Case No. 33 of 2007, whereby respondent - accused came to be acquitted of the charges punishable under Ss. 323 , 504 and 506(2) of the Indian Penal Code (hereinafter referred to as " IPC ") as also under Sec. 3(1)(x) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 (hereinafter referred to as "the Act").

(2.) However, while recording an order of acquittal, learned Sessions Judge observed that complainant himself is negligent in his duty and in habit of remaining absent from duty, without leave being sanctioned. Since learned Judge was, prima-facie, of the opinion that with a view to pressurize the accused to sanction his unauthorized 118 days' leave and order, whereby his salary for the said unauthorized leave was not paid, may be paid, present prosecution appears to have been filed. Therefore, he, while acquitting the accused, issued a Notice under Sec. 250 of "the Code" upon the original complainant - Jivaji Laluji Asari.

(3.) As per the case of the prosecution, first-informant - Jivaji Laluji Asari, serving as Forest Guard, Vijaynagar Extension Range Office, Vijaynagar. He had, since the last 4 months to the date of FIR, not reported for duty on the ground of his sickness. According to him, on 19/2/2007, at about 1:30 to 2:00 p.m., he went to Division Office, Himmatnagar to report for duty and went to the chamber of respondent - accused - Deputy Conservator of Forest informing him that he has come to report for the duty and he is now alright. Therefore, he requested him to permit him to report for duty. According to the case of the first-informant, on hearing this, accused got enraged and abused him of his caste asking him 'where were he?'. He also said that, at no cost would he be permitted to report for duty telling him to go wherever he wants. It is further the case of the complainant that he caught hold of him, slapped him frequently and he pushed first-informant out of his chamber and started giving kick and fist blows. Therefore, Head Clerk - Babubhai Patel intervened and he was saved. According to the case of the first-informant, Range Forest Officer of Modasa Taluka, Shri P.D. Patel, Range Forest Officer of Dhansura Taluka, Shri N.C. Pancholi, and Range Forest Officer of Bayad Taluka, Shri K.B. Ninama were present. In presence of all those Officers, according to the case of the first-informant, accused uttered aforesaid words and acted against the law beating him. Therefore, he filed a written complaint in the Office of the District Superintendent of Police, Sabarkantha.