STATE OF GUJARAT Vs. KHANDUBHAI CHHITHABHAI

JUDGEMENT

(1.) This appeal is directed against the judgement and order dated 5th July 1984 passed by learned Judicial Magistrate, First Class, Chikhali, Valsad in Criminal Case No.666 of 1982 whereby the respondents-original accused were acquitted of the charges levelled against them.

(2.) The prosecution case, in short, is that 9th March 1982 at about 1630 hours the respondent nos.1 and 2 has damaged the sugar cane in the field of Soma Lallu. When they were restrained from doing so, they have abused the complainant and attacked with wooden stick and Kuwadi. It is alleged that the complainant received head injuries and fracture on his right hand. It was also alleged that the respondent nos.3 and 4 have also abused the complainant and his family members. Hence the aforesaid complaint came to be filed against the respondents for the alleged commission of offences punishable under sections 325, 323, 504 and 114 of IPC.

(3.) Learned Advocate for the appellant has contended that the trial court has committed an error in not believing the prosecution witnesses and has wrongly acquitted the accused of the charges levelled against him. She submitted that the learned Magistrate has committed an error in not appreciating the medical evidence on record which proved that Soma Lallu has sustained injury.