STATE OF GUJARAT Vs. HARSHADBHAI VIHABHAI PATEL

JUDGEMENT

(1.) This 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, District: Banaskantha at Palanpur, on 23rd March, 2006, whereby both the respondents herein came to be acquitted by the trial Court for the offences punishable under Sections 323, 504 and 114 of the Indian Penal Code as well as for the offence punishable under Section 3(1)(10) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

(2.) According to prosecution case, complainant-Kalubhai Hardasbhai Harijan, residing at village Kumar, was an agriculturist. On 30th November, 2004, at about 12:00 noon, the complainant and his wife Shantaben went to the accused at their field and asked for their third portion of profit from agriculture but both the accused insulted them as to their caste and had beaten both of them with sticks and fists. The complainant and his wife started shouting and therefore, their nephew Arjanbhai Motibhai reached at the scene of offence. Complainant approached Panthawada Police Station on 1st December, 2004, at about 18:30 hrs. and gave his compliant which was registered before Panthawada Police Station vide Crime Register No.II-88/2004. PW 8 - Ashwinkumar Jamnadas Gondalia recorded the complaint and took charge of investigation. Further investigation was thereafter entrusted to Deputy Superintendent of Police, PW 9 Gunvantgiri Lalugiri Goswami. He recorded the statements of witnesses, verified the Panchnama as drawn by the earlier investigating officer, the complainant was sent for medical treatment, a certificate of caste was obtained and chargesheet was filed in the Court of Judicial Magistrate, First Class, Dhanera, for the above said offences against both the respondents. The said case was registered as Criminal case No.828/2004 and was committed to the Court of Sessions and was registered as Special Case No.14/2005 in the Court of Sessions.

(3.) Learned Presiding Officer, Fast Track Court, Palanpur, framed charges for the above said offences against both the accused-respondents vide Ex.5 on 5th September, 2005, to which both the respondents pleaded "not guilty".