SHARDABEN Vs. THAKOR LAXMANJI TEJAJI

JUDGEMENT

(1.) <DT>Ravi R.Tripathi, J.</DT> The applicant, original complainant is before this Court being aggrieved by judgment and order dated 13.01.2003 passed by the learned Additional Sessions Judge (3rd Fast Track Court), Mahesana in Sessions Case No. 110 of 1999 whereby, the learned Judge was pleased to acquit the accused of the charge levelled against them under Sections 397, 447, 427, 506(2) and 114 of the Indian Penal Code.

(2.) The fact of the case, as is complained by the complainant are that on 16.06.1998 in the morning at about 9.00 O'clock, the complainant went to her field for collecting grass for animals. At that time, the owner of the field, adjoining to her field, came and snatched her golden chain weighting about 2 to 2.5 tolas thereafter, other accused also came with sticks and started beating the complainant, she sustained injuries on left thigh. She was also beaten in chest, her cloths were torned. She shauted for help, in response to which, one Patel Mangaldas Bhikhramdas came on the scene and rescued her. Thereafter, the accused persons left the place, but while leaving, they threatened the complainant that her family will be done to death. Thereafter, said Shri Patel Mangaldas Bhikhramdas took the complainant in S.T Bus to Visnagar Government hospital and there she was admitted in female ward.

(3.) The prosecution has examined P.W.1, Exh.12, Dr.Bhogilal Amtharam Patel (who had examined the injured complainant), P.W.2, Exh.15, Dr.Kantilal Babaldas Patel (medical officer, who also had examined the injured complainant), P.W.3, Exh.18, Shardaben Naranbhai Patel (complainant herself), P.W.4, Exh.20, Fakirmohmmad Chandbhai Mansuri (panch witness), P.W.5, Exh.22, Gaurishankar Bhikhabhai Upadhyay (panch witness), P.W.6, Exh.23, Sursangji Lilaji Thakor (panch witness), P.W.7, Exh.25, Punjaji Okhaji (panch witness), P.W.8, Exh.26, Shivabhai Mohanbhai Patel (panch witness), P.W.9, Exh.28, Babubhai Ambalal Patel (panch witness), P.W.10, Exh.29, Naranbhai Joitaram (husband of the complainant), P.W.11, Exh.30, Somabhai Mohanbhai Patel (Investigating Officer), P.W.12, Exh.31, Nagjibhai Vashrambhai Rabari, (police personnel who had recorded statement of the complainant), P.W.13, Exh.33, Jagubhai Malabhai Bharwad (Investigating Officer). Besides these witnesses, the prosecution has also lead documentary evidence details of which are set out in paragraph No.8. The same are not reproduced here for the sake of gravity.