STATE OF GUJARAT Vs. CHHOTALAL SIYARAM KSHATRIYA

JUDGEMENT

(1.) Feeling aggrieved by and dissatisfied with the judgment and order of acquittal dtd. 30/7/2010, passed by the learned Special Judge (Atrocity), Court No.18, Ahmedabad City, in Special (Atrocity) Case No.30 of 2009, for the offences punishable under Ss. 324, 294(b) and 114 of the Indian Penal Code, Ss. 3(1)(10) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act and Sec. 135(1) of the Bombay Police Act, the appellant - State of Gujarat has preferred this appeal under Sec. 378 of the Code of Criminal Procedure, 1973 (for short, "the Code").

(2.) The prosecution case, as unfolded during the trial before the lower Court, is that on 25/8/2008 at about 6:30 p.m., when the complainant - Girishbhai Laljibhai Makwana and his cousin brother viz., Arvindbhai were sitting in the compound of Vivekanand Mill, at that time, the wife of complainant viz., Hansaben called the complainant and informed that Chintu, son of Chhotalal Painter has thrown water pouch on the wife of the complainant and also gave filthy abuses. Therefore, the complainant and his cousin brother went to their Chawl. At that time, the accused persons came from the opposite side and gave filthy abuses. When the complainant told them not to give abuses, the accused persons got angry and accused No.2 - Chintu inflicted knife blows on complainant's left leg, by giving filthy abuses, by uttering obscene words in public and intentionally caused hurt to him. Thereafter, on hearing the shout, people were gathered from the locality and rescued him from the accused persons, therefore, the accused persons ran away from there. Therefore, the complaint was filed against the respondent/s-accused.

(3.) After investigation, sufficient prima facie evidence was found against the accused person/s and therefore charge-sheet was filed in the competent criminal Court for the offences as alleged. Since the offence alleged against the accused person/s was exclusively triable by the Court of Sessions, the learned Magistrate committed the case to the Sessions Court where it came to be registered as Special (Atrocity) Case No.30 of 2009. The charge was framed against the accused person/s. The accused pleaded not guilty and came to be tried.