STATE OF GUJARAT Vs. JUGALKISHOR NANDLAL GHAI

JUDGEMENT

(1.) Present appeal is preferred by the State under sec. 378 of the Code of Criminal Procedure against the judgement and order delivered by the learned Additional Sessions Judge and Special Atrocities Fast Track Court No.8, Bharuch dtd.15/12/2004 in Special Atrocities Case No.20 of 2003, whereby the present respondents original accused of the aforesaid Special Case came to be acquitted by the trial court for the charges levelled against them under sections 323, 325, 504,114 of Indian Penal Code read with sec.135 of Bombay Police Act and read with sec.3(1)(1O) of Prevention of Atrocities on Schedule Caste and Schedule Tribe.

(2.) We have gone through the judgement and order passed by the learned trial court, impugned in the present appeal as well as the record and proceedings and the evidence recorded during the trial and the documents produced on record.

(3.) According to the prosecution case, the incident occurred on 13/8/2002 at about 12.00 hours at Panchbatti area, Near Gurunanak Store, Bharuch for which the complainant Manharbhai Maganbhai Parmar filed First Information Report before the Bharuch City Police Station being I-CR No.164 of 2002 against the accused persons for the offences punishable under sections 323, 325, 504, 114, of Indian Penal Code, under sec.135 of Bombay Police Act and under sec.3(1)(10) of Prevention of Atrocities on Schedule Caste and Schedule Tribe Act, alleging inter-alia that the accused Nos.1 and 2 had given kick and fist blows and accused No.3 had given blow of iron pipe on left hand wrist of the complainant and thereby caused severe injuries. It was further the case of the prosecution that the respondents accused also caused injuries to the wife of the complainant named Indumatiben by pushing her down. It was further the case of the prosecution that the respondent accused had given filthy abuses to the complainant by using the words with clear intention to insult the complainant in public at large and therefore, committed the offence.