STATE OF GUJARAT Vs. JAYABEN MALDEVBHAI DEVIPUJAK

JUDGEMENT

(1.) Both the above referred Criminal Appeals have been preferred by the State under Section 378 of the Code of Criminal Procedure against the judgment and order delivered by Presiding Officer, 4th Fast Track Court, Gondal at Upleta on 9th of May, 2006 in Sessions Case No. 74 of 2002 with Sessions Case No. 79 of 2002, whereby all the nine accused and respondents of these Appeals came to be acquitted by the Trial Court for the offences punishable under Sections 143, 147, 148, 149, 323, 504, 427, 506(2) of the Indian Penal Code as well as for the charges under Section 3(1)(10) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.

(2.) According to prosecution case, on 10th of July 2002, complainant Manjuben, wife of Karsanbhai Becharbhai, offered her complaint before Police Inspector Mr. V.V.Gohil, LIB Rajkot (Rural) that she was staying at Upleta in Ambedkarnagar area. She had one daughter and one son. Son Madhabhai was staying at Surat while daughter Diwaliben, married to one Bavanji Karsan, was staying in adjoining neighbourhood. According to complainant, along with her, her mother Punjiben and grand-daughter Chetna were also staying at Ambedkarnagar. On 15th of May, 2002, she was doing business in grocery shop attached to her house. At that time, at 11.30 am to 12.00 noon accused came in drunken condition and they were watching TV kept in the shop. Complainant prevented them from watching TV because they were in drunken condition. Therefore, accused Bhupatbhai Bijalbhai called all the accused and they lifted TV and thrown on the ground. All the accused started beating her with kicks and fists and started abusing her and they uttered insults with respect to her caste. She was threatened that she must close her shop and they damaged furniture kept in the shop. They also entered in her house and damaged household articles. She raised shouts and therefore Jayaben Chhaganbhai and Laduben Ramjibhai immediately came there and accused ran away, but threatened that she would be done to death. She had been to Upleta Police Station for giving complaint, but Upleta Police Station did not record her complaint. Therefore, she had been to Rajkot for giving her complaint. From this complaint, DSP, Rajkot, asked the crime to be registered at Upleta Police Station, vide Crime Register No. 77 of 2002 and investigation was handed over to In-charge Dy. S.P. Mr. Dharmendrasinh Bhavatsinh Zala. After investigation, first, he submitted charge sheet against eight accused as accused No.9 Jayaben Maldevbhai Devipujak was not found and said case was registered vide Crime Register No. 548 of 2002. Thereafter, accused No. 9 Jayaben Maldevbhai - respondent of Criminal Appeal No. 1772 of 2006 was arrested and separate charge sheet was submitted against her on 20.9.2002, which was registered as Criminal Case No. 583 of 2002. Both the criminal cases No. 548 of 2002 and 583 of 2002 were committed to the Court of Sessions and were numbered as Sessions Case No. 74 of 2002 and Sessions Case No. 79 of 2002. Since both the cases had arisen from the same incident and same crime, both the Sessions Cases were tried together and were disposed of by common judgment by the Trial Court. Trial Court framed charges against all the nine accused vide Exhibit-1 on 1st of May, 2005 and each of the accused pleaded not guilty and, therefore, they were put to trial. Prosecution, therefore, examined as many as 10 witnesses and produced on record documentary evidence. On prosecution evidence being over, statements of each of the accused was recorded by the Trial Court under Section 313 of the Code of Criminal Procedure. The Trial Court thereafter heard prosecution as well as defence in respect of both the cases and came to the above conclusion and, hence, both these appeals.

(3.) Learned APP Mr. K.P. Raval for the appellant State was heard in respect of both the Appeals in detail at this juncture.