STATE OF GUJARAT Vs. THAKOR RAMESHJI AMRAJI

JUDGEMENT

(1.) The appellant State of Gujarat has preferred the present appeal under section 378(1) (3) of the Code of Criminal Procedure, 1973 against the judgment and order of acquittal dated 16.2.2005 rendered by learned Special Judge, Mehsana in Special Atrocity Case No.77 of 2004.

(2.) The short facts giving rise to the present appeal are that the complainant lodged the complaint on 14.9.2004 stating that she is doing labour work and house work. It is alleged that on 12.9.2004 while she was returning home at around 12.30 in the afternoon along with her two cattle, all of a sudden cattle head entered into the farm of the respondent accused for which the respondent accused got angry with the complainant and started using abusive language addressing the caste of the complainant. It is alleged that thereafter also the accused came to the house of the complainant when the husband of the complainant had returned from his work, at that time, respondent accused was armed with dhariya and was uttering abusive words and attacked the husband of the complainant with the dhariya on the legs. Hence, the complaint came to be lodged against the respondent accused.

(3.) In pursuance of the complaint, the Investigating Officer carried out the investigation and filed the chargesheet against the respondent accused. The charge was framed against the accused. The accused pleaded not guilty to the charge and claimed to be tried.