STATE OF GUJARAT Vs. THAKOR LALAJI RAWAJI

JUDGEMENT

(1.) The present Appeal is preferred by the Appellant State under Sec. 378(1)(3) of the Code of Criminal Procedure, 1973 against the order of acquittal dtd. 21/8/2012, passed by the learned Special Judge (Atrocity) Mehsana, in Special Atrocity case No.3 of 2011, recording the acquittal of the respondents punishable under Sec. 323, 504, 506(2) and Sec. 114 of the Indian Penal Code, 1860 and Sec. 3(1)(x) of the Atrocity Act and Sec. 135 of the Bombay Police Act.

(2.) The brief facts of the prosecution's case are that on 10/9/2010, brother of the accused, Bharatji Rawaji Thakor went to Calcutta from Linch with complainant to bring his wife and on 17/9/2010, at around 09.30 hours in the morning, when the complainant went towards outpost, at that time on the way the accused persons started beating the complainant with club and because of the said blows the complainant fell down and accused persons inflicted fist blows on him and at that point of time, from near by Police Station, some persons came and intervened in the incident and saved the complainant from further blows. The accused persons went away and threatened the complainant about the caste of the complainant with an intention to insult and humiliate the complainant publicly, therefore it is the case of the prosecution that respondents committed the offence in question for which a complaint in question came to be registered against them.

(3.) On the basis of the said complaint investigation was initiated and after thorough investigation as there was sufficient evidence against the respondents " " accused persons, Chargesheet was filed before the Chief Judicial Magistrate Mehsana and the offence committed by the accused persons was exclusively triable by a Court of Sessions, as per the provisions of Sec. 209 of the Criminal Procedure Code, the learned Judge was pleased to commit the case to the Court of Sessions and the case was transferred and placed for trial before the learned Special Judge, Atrocity Mehsana, thereafter, charge was framed against the accused persons and the accused persons pleaded not guilty to the charge and claim to be tried. The Trial commenced, to prove the case, the prosecution examined 11 witnesses as well as produced 13 documentary evidences on record, further statement of the respondent-accused under Sec. 313 of the Code were recorded. On conclusion of the trial, the learned Trial Judge acquitted the accused persons. Being aggrieved by the same, the State has preferred the present Appeal.