AHER NARAN DEVARABHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The appeal arises out of judgment and order dated 10.9.1997 passed by learned Special Judge, Junagadh in Atrocity Sessions Case No.892/1997.

(2.) The appellant herein was the original accused who was charged with offences punishable under SectionS 324, 323, 504 of the Indian Penal Code and Section 3(1)(10) of Schedule Castes and Schedule Tribes(Prevention of Atrocities) Act(here-in-after referred to as "the Atrocities Act")

(3.) As per the prosecution case, on 27.7.1992 when the complainant Jivabhai had in an open ditch gone for toilet, the accused appellant herein quarreled with him using derogatory words against his caste and gave him one blow with blunt portion of his Axe on the head of the complainant and also gave other injuries.