STATE OF GUJARAT Vs. SANJAYSINH BHARATSINH JADEJA

JUDGEMENT

(1.) Feeling aggrieved by and dissatisfied with the judgment and order of acquittal dtd. 27/2/2009 passed by the learned Additional Sessions Judge, Fast Track Court No.1, Khambhaliya in Case No. 32/2007 for the offences punishable under Ss. 323, 504, 506(2), and 114 of the Indian Penal Code, 3(1) (10) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) 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 the complainant alleged that while returning with his family from G.G. Hospital, Jamnagar to Village Samana on 6/9/2007, a dispute took place in an S.T. Bus regarding tickets and fare. It is the case of the prosecution that at Samana Bus Stand, the accused conductor and driver abused, threatened and assaulted the complainant and also insulted him by caste name in public view. 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.32/2007. The charge was framed against the accused person/s. The accused pleaded not guilty and came to be tried.