STATE OF GUJARAT Vs. MAHMADBAHI VORA

JUDGEMENT

(1.) By way of this Appeal, the State has challenged the judgment and order passed by the learned Special Judge, Surendranagar, in Special Case No.54 of 1991, on 1st February, 1994, acquitting the present respondents-accused for the offence punishable under Sections 323, 504, 506 (2), 114 of the Indian Penal Code and for the offence punishable under Section 3 (1) (5) and 3 (1) (10) of the Atrocities Act.

(2.) It is the case of the prosecution that on 22nd August, 1991 at village Dasada, Tal. Jenabad, the complainant Hirjan Kalabhai Punjabhai constructed a wall with a view to save the crop, the accused persons gave foul abuses to the complainant in the market and asked as to why he should not remove the said wall from the field. Thereafter, the accused got excited and accused No.2 caught hold of the complainant and accused No.1 gave kick and fist blows so also slapped the complainant and gave a threat of his life. Thus, the accused committed the aforesaid offence. Case was registered, investigation was carried out and on completion of the same, charge-sheet came to be filed. In order to prove the charges levelled against the accused, the present respondent, the Prosecution has examined in all 08 witnesses as under;

(3.) Learned APP, Shri HL Jani appearing for the appellant has taken me through the oral as well as the documentary evidence on record. He has contended that the Sessions Court has committed an error by not believing the evidence of complainant by holding that evidence of the complainant is improved one.