STATE OF GUJARAT Vs. RABARI BALDEVBHAI SOMABHAI

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 24.6.2005 passed by the learned Special Judge (Atrocity), 5th Fast Track Judge, Mehsana in Special Atrocity Case No. 24/2004, whereby, the learned trial Judge acquitted the original accused - the respondent herein, of the charges for the offence punishable under Sec. 325, 323, 504 and 506(2) of IPC, under Sec. 135 of the Bombay Police Act, and under sec. 3(1)(10) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

(2.) The brief facts of the prosecution case are that the investigation was put into motion by the police on the complaint lodged by the complainant on 3.1.2005 for an incident which occurred on 2.1.2005. It is the case of the complainant that on the date of the incident, he had gone for labour work in the morning at about 8.00 a.m. and in the evening he returned back. He left his home at about 8.30 a.m. and while going near the road, leading from Kadi to Thor, he had gone for the worshiping the temple of "Dashama". On his return, he went to lorry where the vendor was selling eggs. This was near the Ambuja Cement Factory. The complainant had asked for omlet with onion. At that time, the present accused, without any provocation and without any reason, stated beating the complainant called him by his caste and asked why he come to that place having his break -fast and started beating him with iron rod. His right leg was injured and he was beaten on head and a person from his area Shri Satish Rathod saved him. At that time, the accused while going away from the place, said abuses and told him that if in future he again came to the place, he would be mercilessly done to death. The complainant was made to sit in rickshaw and was taken to the Government Hospital, Kadi. Therefore, the complainant had filed the complaint. The 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, which was numbered as Special Atrocity Case No. 24/2004. The trial was initiated against the respondent.

(3.) To prove the case against the present accused, the prosecution has examined the following witnesses: