AMRATBEN RAMANBHAI SOLANKI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This appeal is preferred by the original complainant under Sec. 372 of the Code of Criminal Procedure, challenging judgment and order dtd. 29/8/2022 passed by the Principal District and Sessions Judge, Kheda at Nadiad in Sessions Case No.59 of 2021.

(2.) By the impugned judgment and order the Principal District Judge has recorded acquittal of the respondent- accused from the offences under Sec. 436, 504, 506(2) and 114 of the Indian Penal Code. The incident appears to have been occurred on account of quarrel, which ensued because of court case, which was pending upon the dispute of right of way between the families of appellant and respondent-accused. In connection with the incident, an FIR being C.R. No.11204041200036 of 2020 came to be registered by the complainant- appellant, wherein it is alleged that the incident taken place at 19.30 hrs. on 24/1/2020, because of on going dispute regarding right of way, where the respondent- accused came to the residence of the appellant and started using abusive language and threatened the family members of the appellant. As a result of which, the appellant and the family members escaped from the place and thereafter, the respondent accused lite haystack for fodder stored at terrace and set at fire.

(3.) On due investigation, charge-sheet came to be filed for the offences under Sec. 436, 504, 506(2) and 114 of the Indian Penal Code and by and upon compliance with the provisions of Sec. 207 of the Code of Criminal Procedure, the case was committed to the Sessions Court, Kheda at Nadiad.