STATE OF GUJARAT Vs. ABHU RATA RABARI

JUDGEMENT

(1.) The above referred Criminal Appeal is preferred by the State under Section 378 of the Code of Criminal Procedure against the judgment and order delivered by Special Judge (Atrocities), District Kutch at Bhuj, on 16th of October, 2004, in Special Case No. 14 of 2002, whereby both the present respondents being accused of the Special Case came to be acquitted by the Trial Court for the offences punishable under Sections 337, 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 incident in question occurred on 19th of July, 2001 at village Samatra and the complaint has given by Kanjibhai Bijalbhai Mangaliya, Sarpanch of Samatra village. Accordingly, on 19th of July, 2001, at about 9.15, complainant Kanjibhai was reading a newspaper at the shop of one Govind Shivji, accused came there and they caught hold of the complainant on his throat and complainant was beaten by them by hands. Thereafter, both the accused pelted stones and injury was caused on the face and on the abdomen of the complainant. The accused uttered abuses and insulted caste of the complainant and stated that why they were not given the subsidy of the earthquake. Complainant stated that it was not in his hands to give subsidy but it was given by the government. At that time, Govind Shivji and Kara Megha Maheshwari and Jayantilal Thakkar intervened and prevented accused from further beating the complainant. While going, the accused threatened the complainant to kill.

(3.) From the complaint, the crime came to be registered vide Crime Register No. I-163 of 2001 before the Taluka Police Station at Bhuj. The investigation was handed over to Mr. M.L. Ninama, Deputy Superintendent of Police, who investigated the offence and submitted charge sheet in the Court of Chief Judicial Magistrate, First Class, against the accused and the case was then transferred to the Court of Special Judge.