BALWANTSINGH DEVISINGH NAYAK Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This appeal has been filed by the original accused challenging the judgement and order dated 14.3.1996 passed by the Special Judge, Panchmahal, Godhra in Sessions Case No.41/1995(Atrocity).

(2.) Against the present accused, the complaint came to be filed on 10.11.1994 by one Pramjibhai Badiabhai alleging inter-alia that on 9.11.1994 at about 7 O' clock in the evening when he was sitting in his house with his family members, the appellants came there and abused him and told him that though he might have succeeded in the land dispute before the Court, he will nevertheless have to leave the land or else he would be killed. They also abused him saying that he belongs to Adivasi community and that he has gone out of control receiving State largess.

(3.) Pursuant to the complaint lodged, investigation was carried out. The police filed the charge-sheet before the Competent Court. The trial was conducted during which prosecution examined four witnesses. The complainant Pramjibhai Badiabhai was examined at Exh.5 as PW1. One Samsubhai Havsingbhai was examined at Exh.6 as PW2. He is nephew of the complainant and claimed to be present when the incident took place. IO was examined at Exh.7 as PW3. One Vajesinh Sayababhai was examined at Exh.10 as PW4.