STATE OF GUJARAT Vs. ABDULMAJID HAMIDKHAN PATHAN

JUDGEMENT

(1.) The instant appeal is preferred by the State under Section 378 of the Code of Criminal Procedure, 1973 against the judgment and order rendered by the Additional Sessions Judge, Special Court, Patan on 9th May, 2006 in Special Atrocity Case No.11/2006 whereby the present respondent being accused of the said Special Atrocity Case came to be acquitted by the trial Court for the charges levelled against him under Sections 323, 353, 504, 506(2) of the Indian Penal Code, for the charge under Section 3(1)(10) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 as well as for the charge under Section 135 of the Bombay Police Act.

(2.) According to the prosecution case, the incident took place on 25th October, 2005 at about 12.00 p.m. at Radhanpur in S.T. Depot Workshop. Complainant Ramanbhai Valsangbhai Maliva was the then working as Depot Manager in State Road Transport Service at Radhanpur and he directed the accused, who was Art-A Mechanic to take vehicles Nos.5426 and 5731 toeing together and to deliver those vehicles at Division Workshop. On this direction, the accused was provoked and he started giving abuses to the complainant, Depot Manager and caught hold of the complainant - Ramanbhai Valsangbhai Maliva by throat and stated that Adivasis had become their Bosses. Thereafter, accused took an iron pipe from the Workshop and assaulted complainant. Art-C Mechanic Mr.H.H.Malek intervened and prevented the accused. The incident was witnessed by Clerk Mr.B.K.Raval, Helper Mr.R.I.Mir and Mechanic Driver Mr.J.P.Raval. The complaint was given by the complainant at about 19.00 hours before Radhanpur Police Station which was registered by P.W.6 Rameshbhai Nanabhai and crime came to be registered as C.R.No.II-121/2005 for the charges mentioned above. After registering the crime, the investigation was handed over to P.W.9 Pandur Babubhai Ramjibhai, the then Dy.S.P. of the Division. The charge-sheet came to be filed in the Court of learned Judicial Magistrate, First Class, which was registered as Criminal Case no.833/2005 and this case was committed to the Special Judge for trial and was registered as Special Atrocity Case No.11/2006. In the said Special Atrocity Case, the charges came to be framed against the respondent accused, by the learned Special Judge, vide Ex.6 on 24th March, 2006 to which the present respondent accused pleaded not guilty.

(3.) The prosecution examined as many as 9 witnesses and submitted on record necessary documents to prove its case. Thereafter, the statement of the accused was recorded by the Special Judge under Section 313 of the Code of Criminal Procedure wherein his defence was of total denial and he further stated that a false case was filed against him.