STATE OF GUJARAT Vs. DILAVARKHAN GAJUMIYA BHATTI

JUDGEMENT

(1.) This criminal appeal is preferred under Section 378 of the Criminal Procedure Code by the State against the judgment and order delivered by the learned Special Judge, Fast Track Court No.1, District : Patan on 29th July, 2005 in Old Special Atrocity Case No.42/2002 i.e. New Atrocity Case No.355/2002 whereby both the respondents, herein being accused of said Special Case came to be acquitted by the trial Court for the offences punishable under Sections 323, 504, 506(2) and 114 of the Indian Penal Code as well as for the offences punishable under Section 3(1)(10) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.

(2.) The prosecution case as disclosed by the evidence is in brief as under -

(3.) The prosecution examined P.W.1 Vankar Dhirabhai Somabhai, complainant at Ex.17, who stated that the incident occurred in 2002, near his field. On that day, along with one Balabhai Khanabhai, he was going to his field and accused came with sticks in their hands and both the accused inflicted stick blows on him as well as on Balabhai and by stick blows, the complainant was injured on his right leg. He stated that the incident occurred on account of previous enmity. He has been cross-examined by the defence.