HARJIBHAI DHARAMSHIBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The original-complainant is before this Court being aggrieved of the judgment and order passed by the learned Special Judge (Atrocity) and Fast Track Court No. 5, Bhavnagar in Special Case (Atrocity) No. 24 of 2000 dated 5th April, 2000. The learned Judge was pleased to acquit all the accused of the charges levelled against them under Secs. 323, 504, 395, 427 and 114 of the Indian Penal Code and Sec. 3(2)(5) of the Atrocities Act.

(2.) Short facts giving rise to the present proceedings are that on 25th December, 1999 as alleged by the complainant, Harjibhai Dharamshibhai, at about 5-00 p.m., he was present at the ration shop of his brother Bharatbhai Dharamshi. At that time, accused No. 1, i.e. Dhirajbhai Gopalbhai had come to take kerosene, but he did not have ration card with him. The complainant refused to give kerosene to him, and therefore, the accused got enraged and he started abusing the complainant and also gave fist and kick blows. It is also the case of the complainant that in the meantime, accused Nos. 2 to 6 also suddenly came and they also started abusing the complainant, pelting stones and caused damage to the shop and looted the cash box containing Rs. 2700/-. While leaving the shop threatened the complainant of dire consequences.

(3.) The learned Judge has taken pains to consider the oral evidence of the witnesses which included, <FRM>JUDGEMENT_2344_GLR3_2006Html1.htm</FRM>