NAGINBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The appellant - original accused No.2 has preferred the present appeal under section 374 of the Code of Criminal Procedure, 1973 against the judgment and order of conviction dated 7.8.2000 rendered by learned 2nd Additional Sessions Judge, Special Court, Vadodara in Special Case No. 6 of 1997.

(2.) The short facts giving rise to the present appeal are that the complainant filed the complaint with ACB Police Station, Vadodara city on 5.7.1997 alleging that three months prior to lodging of the complaint, one Vijay Hasmukhbhai Shah had teased his daughter Sunitaben and, therefore the complainant and his wife had scolded said Vijay and hence he got enraged and thereafter his younger brother Pinakin, his wife Ritaben and mother Hemlataben, all assaulted the complainant and his wife for which the complainant has lodged his complaint with Panigate Police Station, Vadodara. That a cross complaint was also filed against the complainant, his wife and his daughter. Said Vijay had filed an application against the complainant, his wife and his daughter with Panigate Police Station, Vadodara under section 151 of the Code of Criminal Procedure. That inquiry of the said application was undertaken by original accused No.1 and he had gone to the house of the complainant and threatened him that he was to be arrested and sent to jail and if he want to avoid that situation, the complainant to pay Rs. 300.00 failing which said accused No.1 will put them behind the bars. That the complainant was not desirous to pay the said amount, he approached the ACB Police Station and lodged the complaint.

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