THE STATE OF GUJARAT Vs. VIMLESHGIRI BHAVANGIRI GOSWAMI

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 14.6.2006 rendered by learned Special Judge (Atrocity), Fast Track Court No.5, Kachchh at Bhuj in Special Case No.47 of 2002.

(2.) The short facts giving rise to the present appeal are that on 25.5.2000 at about 8.30 am all the accused persons in abatment of one another were constructing wall which was raising obstacles to the complainant, and, therefore, the complainant has requested not to construct wall in the manner in which it may cause disturbance to him. It is alleged that therefore, the accused excited and started to give filthy abuses to the complainant and prosecution witnesses concerning to their caste in public. 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 respondents accused. The charge was framed against the accused. The accused pleaded not guilty to the charge and claimed to be tried.