STATE OF GUJARAT Vs. HARIBHAI @ NAGINBHAI RAMDAS PATEL

JUDGEMENT

(1.) Instant Appeal is preferred by the State under Section 378 of the Code of Criminal Procedure, against the judgment and order delivered by Presiding Officer, Fast Track Court No.2, Vadodara, in Atrocity Case No. 31 of 2005, whereby both the respondents herein, being accused of the said case, came to be acquitted by the Trial Court, for the charges levelled against them under Section 3(1)(10) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 as well as under Sections 506(2), 323 and 504 of the Indian Penal Code.

(2.) Complainant - Rameshbhai Valjibhai Vasava, filed a private complaint, being Complaint No. 60 of 2004, in the Court of Judicial Magistrate, First Class, Karjan, on 30th of December, 2004, against both the respondents, for above said charges, stating that both the respondents are father and son. The complainant Rameshbhai was working as agriculture labourer in the field of accused Nos. 1 and 2 for about last 10 years from the date of the incident. Respondents accused had not cleared their account and made payment of the whole year. According to the complainant, the respondents were paying Rs. 1,500/- to Rs. 2,000/- per year, and for which, complainant himself and his wife were doing labour work for the accused. However, the respondents were neither settling the account nor making payment nor allowed them to go for the labour work elsewhere. On 16th of October, 2004, at about 10.00 a.m. Sumitraben, wife of the complainant, had been to the accused for settling of the account. The accused had got excited and had pushed Sumitraben and she was driven out of their house. They also uttered insults about the caste of the complainant and his wife. On the next day, the respondents went to the house of the complainant and threatened complainant and his wife to kill. According to complainant, he had been to the police station i.e. at Outpost, Nareshwar Police Station, but police did not take any steps because the police had hand-in-gloves with the respondents.

(3.) This complaint being filed, learned Magistrate, forwarded this complaint to the concerned Police Officer for investigation under Section 156(3) of the Code of Criminal Procedure. At the result of the investigation, in pursuance of 'M' Case No. 1/2005, a charge sheet came to be submitted against the accused in the Court of Judicial Magistrate, First Class, Karjan. The above Criminal Case thereafter was committed to the Special Court and made over to Fast Track Court No.2 at Vadodara. Vide Exhibit 10, Trial Court framed charges against the accused and the accused pleaded not guilty to the charges. The Trial Court, therefore, put the accused to the trial. Prosecution examined as many as nine witnesses and produced on record necessary documents. Learned Trial Judge thereafter recorded the statements of the accused under Section 313 of the Code of Criminal Procedure, wherein after denying the evidence of the prosecution in toto, the accused submitted that they do not intend to lead any defence. After hearing the prosecution as well as the defence, the learned Trial Judge came to the above conclusion of acquitting the accused and, hence, this Appeal by the State.