STATE OF GUJARAT Vs. PATEL VIPULKUMAR SHANKERLAL

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 9.6.2005 rendered by learned Presiding Officer, 5th Fast Track Court, Mehsana in Special Atrocity Case No.18 of 2005.

(2.) The short facts giving rise to the present appeal are that the complainant on the day of kite festival went to fly kite in the street at around 1.00 O'clock and while sitting after return near chabutra of village, at that time, the accused abused filthy language and uttered derogatory words concerning to his caste. It is alleged that thereafter accused No.1 got angry and inflicted blow with sharp edge weapon on his head, at that time, accused No.2 caught hold his hands. It is alleged that thereafter both the accused beaten the complainant with kick and fist blows. It is alleged that the accused also threatened the complainant to set him on fire and will also killed his family. Accordingly, the complaint came to be lodged.

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