THE STATE OF GUJARAT Vs. USHAKANT NANALAL DAVE

JUDGEMENT

(1.) The present appeal, under Sec. 378 of the Code of Criminal Procedure, 1973, is directed against the judgment and order of acquittal dated 28.5.2004 passed by the learned Judicial Magistrate First Class, Third Court, Gandhinagar, in Criminal Case No. 3235/1998, whereby, the learned trial Judge acquitted the original accused - the respondent herein, of the charges for the offence punishable under Sec. 323, 504 and 506(2) of IPC.

(2.) The brief facts of the prosecution case are that the son of the complainant who was prosecuting his study in std. 11th Science wanted to take tuition from the opponent -accused and for that, accused being a private tutor, took the test of the complainant's son, who failed in the said test and when he went to enquire whether he should come for re -test which was on 26.2.1998 at 2.30pm, he was manhandled. The child even got threshing even on his head and he has threatened not to visit again. He had vomiting. He was moved to civil Hospital Gandhinagar, from where he was referred to Civil Hospital, Ahmedabad, where CT Scan test was done. The complainant also tried to meet the accused, however, he was also threatened with dire consequence. Therefore, complainant Ganatra Girdharlal Premjibhai filed a complaint against the opponent accused being CR No. 49/98 for the offence punishable under sec. 323, 504 and 506(2) of IPC. Necessary investigation was carried out and statements of several witnesses were recorded. During the course of investigation, respondent was arrested and, ultimately, charge -sheet was filed against him in the Court of learned Judicial Magistrate First Gandhinagar, which was numbered as Criminal Case No. 3235/1998. The trial was initiated against the respondent.

(3.) To prove the case against the present accused, the prosecution has examined 8 witnesses and also produced 6 documentary evidence.