STATE OF GUJARAT Vs. HANUBHAI BODUBHAI BHATTI

JUDGEMENT

(1.) Feeling aggrieved by and dissatisfied with the judgment and order of acquittal dtd. 30/8/2010 passed by the learned Special Judge and Presiding Officer, 3rd Fast Track Court, Junagadh, in Atrocity Sessions Case No.2 of 2009 for the offences punishable under Ss. 323, 504, 506(2) and 114 of the Indian Penal Code, Sec. 3(1)10 of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act and Sec. 135 of the Bombay Police Act, the appellant - State of Gujarat has preferred this appeal under Sec. 378 of the Code of Criminal Procedure, 1973 (for short, "the Code").

(2.) The prosecution case, as unfolded during the trial before the lower Court, is that on 18/9/2007, at about 12:30 hours, when a complainant - Jagabhai Menandbhai Rathod, who was residing at Sukhpur with his family and doing labour work for his livelihood, went at the bank of Ojat river, where Savitaben, wife of his elder brother, was washing the clothes, at that time, Darbar Ranabhai, residing at : Sodvadar and one unknown person came there by holding stick and abuses them of their caste and thereafter, unknown persons inflicted stick blow on the right leg of the complainant; and that after abusing the complainant of the caste, Ranabhai caught shirt-collar ('Kathlo') and threatened and when Savitaben tried to intervened, threatened them to kill by abusing of her caste. Therefore, the complainant lodged a complaint against the present accused with the Keshod Police Station being C.R.- II No.3083 of 2007 for the offences punishable under Ss. 323, 504, 506(2) and 114 of the Indian Penal Code, Sec. 3(1)10 of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act and Sec. 135 of the Bombay Police Act.

(3.) After investigation, sufficient prima facie evidence was found against the accused person/s and therefore charge-sheet was filed in the competent criminal Court. Since the offence alleged against the accused person/s was exclusively triable by the Court of Sessions, the learned Magistrate committed the case to the Sessions Court where it came to be registered as Atrocity Sessions Case No.2 of 2009. The charge was framed against the accused person/s. The accused pleaded not guilty and came to be tried.