LAWS(GJH)-2016-7-251

STATE OF GUJARAT Vs. PIRABHAI LALABHAI RABARI

Decided On July 14, 2016
STATE OF GUJARAT Appellant
V/S
Pirabhai Lalabhai Rabari Respondents

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 15.4.2006 rendered by learned Additional Sessions Judge, 2nd Fast Track Court at Deesa, District Banaskantha in Special (Atrocity) Case No.127 of 2005.

(2.) The short facts giving rise to the present appeal are that while the complainant was doing the agricultural work in the field of Haribhai along with prosecution witness Lilabhai Mevabhai, the respondent accused came to the field of the complainant and started to give filthy abuses. It is alleged that the respondent accused also got enraged and gave kick and fist blows to the complainant. It is also alleged that the respondent also threatened the complainant to kill him. Hence, the complaint came to be lodged against the respondents 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.