THE STATE OF GUJARAT Vs. MANUBHAI BALUBHAI PATANVADIYA

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 8.9.2006 rendered by learned Additional Sessions Judge, Fast Track Court No.4, Bharuch in Special Atrocity Case No.30 of 2005.

(2.) The short facts giving rise to the present appeal are that on 23.7.2005 at about 7.00 hours in the evening, the respondents assembled at village Kobala at the house of Chhaganbhai Becharbhai Parmar i.e. complainant and picked up quarrel and uttered derogatory words concerning to the caste of the complainant and threatened him to kill if the land is not returned to the accused. 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.