STATE OF GUJARAT Vs. NOGHA KALA BHARWAD

JUDGEMENT

(1.) This criminal appeal is preferred by the State under Section 378 of the Code of Criminal Procedure against the judgment and order delivered by learned Special Judge, 2nd Fast Track Court, District : Junagadh at Veraval on 28th January, 2005 in Atrocity Sessions Case No.9/2002 whereby all the present respondents being accused of the said Atrocity Sessions Case came to be acquitted by the trial Court for the offences punishable under Sections 143, 147, 148, 149, 504, 506(2), 436 of the Indian Penal Code, for the offence punishable under Section 3(1)(10) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 as well as for the offence punishable under Section 135(1) of the Bombay Police Act.

(2.) According to the prosecution case, the incident in question occurred on 27th July, 2000. The complainant Bhimabhai Samatbhai Sarvaiya, resident of village : Sonariya, Taluka : Girgadhada along with his mother Valiben and two sisters had been to their field at about 9.00 a.m. When they reached their field, they noticed that standing crop was spoiled by cattle grazing. Adjoining field belonged to the uncle of complainant Pachabhai Ranabhai and they noticed that accused Bogha Dungar, Naja Dungar, Ghela Dungar and Jodha Dungar all of Bharwad community along with other Bharwads' cattle were grazing their cattle in the field of Pachabhai Rananbhai. The complainant asked whether they had spoiled the crop standing on their field. In reply, the accused Bogha Dungar and Jodha Dungar threatened the complainant and his relatives that they had spoiled the standing crop in the field of the complainant and complainant was free to go wherever he wanted to go and accused, thereafter, started abusing to the complainant and his relatives. On requesting by the complainant not to speak abuses, complainant was insulted by the accused by his caste and further threatened that had not they (complainant and his relatives) left the village, their residential houses would be burnt. Therefore, the complainant, his mother and sisters came to their houses and conveyed this incident to the father of the complainant. On account of fear of the accused, the whole family stayed in their houses and were awakened till late night. At about 3.00 a.m. on 28th July, 2000, they noticed a fire and smoke and when all of them came out, they found that five persons with sticks in their hands were putting fire to their houses. When they were accosted, one blow on the door of the house was given by one of the accused by an ax and amongst the accused, accused Bodha Dungar and Jodha Dungar again threatened the complainant and his family members to kill. Complainant and his family members started shouting for help and people gathered there, so the accused ran away from the spot. The complaint was offered before Police Sub-Inspector, Girgadhada at 12.30 p.m. On crime being registered, the investigation was entrusted to Deputy Superintendent of Police, Veraval and, thereafter, Pratapbhai Poojabhai Asari, Deputy Police Superintendent incharge of Atrocity Cell, appears to have submitted the charge-sheet.

(3.) Learned trial Judge framed the charges for the above said offences against in all 12 accused vide Ex.3 on 19th July, 2004. All the accused pleased not guilty. In all there were 14 accused charge-sheeted, but accused No.3 Naja Dungar and accused No.11 Ghela Kana appear to have expired after filing the charge-sheet.