STATE OF GUJARAT Vs. VISHNUBHAI NATHABHAI PATEL

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 the Assistant Sessions Judge, District: Mehsana on 31st July, 2004 in Special Case (Atrocity) No.2/2004. Learned trial Judge acquitted both the present respondents being accused of the said Special Case (Atrocity) for the offences punishable under Sections 323, 504, 506(2) and 114 of the Indian Penal Code, for the offence punishable under Section 135 of the Bombay Police Act as well as for the offence punishable under Section 3(1)(10)of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.

(2.) According to the prosecution case, the incident in question occurred on 30th September, 2003 at about 10.00 a.m. Near Village : Ridrol, Near Mansa Road where Mansarovar Cold Storage was situated. On that day, complainant Pravinkumar Kachrabhai Solanki along with Jagdishbhai Manharbhai Parmar, P.W.2 were going on cycle, both accused confronted them on scooter. Both the accused halted complainant and Jagdishbhai and stated that why complainant was filing false complaints against them. Accused Vishnubhai Nathabhai Patel stated that if earlier complaint had not been withdrawn by them, they would not be allowed to enter in Panchayat and Vishnubhai Nathabhai Patel also uttered insults about the caste of the complainant. The complainant stated that he filed the earlier complaint because he was harassed by accused. Thereupon, accused No1 - Vishnubhai Nathabhai Patel was provoked and he caught hold of shirt of complainant and slapped the complainant. While accused No.2 Atmaram Somabhai Patel inflicted a blow with an iron rod on right ankle of the hand of the complainant. Jagdishbhai intervened and, thereafter, accused went away from that place, but they threatened that on that day, he was saved on account of Jagdishbhai, but the complainant would be killed if he was found alone. Jagdishbhai brought the complainant at Government Hospital, Mansa on cycle. Doctor treated the complainant and he was sent to Police Station, but police did not record the complaint of the complainant and, therefore, according to him, he filed a private complaint in the Court of Judicial Magistrate, First Class at Mansa on 30th September, 2003.

(3.) The said complaint came to be recorded as Criminal Inquiry No.45/2003 and learned Magistrate passed an order below complaint to forward the complaint to the police for investigation under Section 156(3) of the Code of Criminal Procedure. The said complaint was registered before the Mansa Police Station as M. Case No.8/2003 and after investigation, a charge-sheet came to be filed against both the accused for the offences punishable under Sections 323, 504, 506(2) and 114 of the Indian Penal Code as well as for the offence punishable under Section 3(1)(10)of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989. The said case was registered as Criminal Case No.957/2003 before the Court of learned Judicial Magistrate, First Class and the same was committed to the Special Judge and was registered as Special Case (Atrocity) No.2/2004. Learned Special Judge, vide Ex.6 framed charges against both the accused for the above said offences on 21st June, 2004 and both the accused vide Exs.7 and 8 pleaded not guilty.