STATE OF GUJARAT Vs. RAMANBHAI KASIBHAI PATEL

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 12.12.2005 rendered by learned Presiding Officer, 9th Fast Track Court, Nadiad in Special (SC.ST) Case No.12 of 2004.

(2.) The short facts giving rise to the present appeal are that the respondent accused is a Sarpanch of Sojitra Gram Panchayat and therefore on 31.12.2002 a meeting was arranged on budget. It is alleged that the complainant as well as PW Nos.6 to 13 are the members of the panchayat and at about 16.15 hours, during discussion, the complainant has made submission on behalf of Harijan community, so, respondent got enraged and gave filthy abuses and also administered threats to the complainant to kill her. Hence, the complaint came to be lodged against the respondent accused.

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