STATE OF GUJARAT Vs. SUTHAR ISHWARLAL RAMNATH

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. 5/5/2009, passed by the Additional Sessions Judge, 4th FTC Case No.70 of 2008, acquitting the respondents - original accused for the offence punishable under Ss. 323, 504, 506(2) and 114 of the Indian Penal Code, 1860 (IPC) and Ss. 135 of the Bombay Police Act, and Ss. 3(1)(x) of the Atrocity Act .

(2.) The brief facts of the prosecution case are that the complainant- Bhogilal Manabhai Parmar, residing at: Nanivada lodged complaint before Kheralu Police Station being II-CR-NO.57 of 2008, against present accused persons for the offences punishable under Ss. 323, 504, 506(2) and 114 of Indian Penal Code and Sec. 135 of Bombay Police Act and Sec. 3(1)(10) of Atrocity Act. It is the case of the prosecution that on 21/7/2008, at about 17.00 hours, at Village: Chotiya, when complainant was ploughing his farm by tractor and at that time accused persons came there, abused complainant, uttered words against his caste, slapped on his face, threatened him to kill and by holding weapons like stick-pedal in public, breached the proclamation of prohibiting of weapons issued by the Additional District Magistrate with the help of each other.

(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 prosecution considered and looking the to evidence the led by 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.