STATE OF GUJARAT Vs. KALUBHAI DHULABHAI 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 Special Judge, District Panchmahal at Godhra, on 29.3.2006 in Special Case No. 23 of 2005 (Atrocity) whereby present respondent being accused of Special Case came to be acquitted by the Trial Court for the offences punishable under Sections 504, 506(2) of the Indian Penal Code as well as for the offences 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 25.7.2005 and complaint (FIR) came to be recorded before SC & ST Cell, District Panchmahal at Godhra, on 14th of August, 2005, at 13.45 hours. Accordingly, though complainant Jivabhai Lebabhai was Civil Engineer, but he could not find proper job and was doing agricultural work at his village Vandarved, Taluka Khanpur. Lebabhai Nathabhai, father of the complainant - Jivabhai Lebabhai Vankar, had purchased one agricultural land, bearing Survey No. 5, from father of present respondent and one Kuberbhai Haridas, for Rs. 8,000/- in 1967. However, Dhulabhai Haridas and his son present respondent did not execute sale documents. The father of the complainant Lebabhai Nathabhai was cultivating the land and, therefore, present respondent filed a Civil Suit in the Court of Civil Judge, (JD) at Lunawada, being Civil Suit No. 49 of 1990. In the said suit, the evidence of plaintiff was over and the evidence of defendant i.e. present complainant and his father was to be recorded, and for that, witnesses were to be examined on 21st of July, 2005. According to the complainant, he requested witnesses to attend the Court on 21st of July, 2005, but on account of threats administered by the present respondent, none of the witnesses attended in the Court in the said Civil Suit to support the case of present complainant. On the day of incident, i.e. on 25th of July, 2004, at about 4.00 p.m. complainant Jivabhai Lebabhai was doing agricultural work in the disputed land and he found respondent passing through the road situated nearby the land. Complainant Jivabhai Lebabhai, therefore, went towards the road, accosted the respondent and scolded him that why the respondent was preventing the witnesses of the complainant from coming to the court. Respondent thereupon got excited and uttered words insulting the caste of the complainant and further threatened that complainant had to vacant the land, otherwise, he would be done to death. The respondent also uttered abuses to the complainant. Witnesses Raghuvir Madansinh Gadhvi was working in his field, immediately came along with brothers of complainant, named as, Manabhai Lebabhai and Mithabhai Lebabhai. The respondent also insulted brothers of the complainant about their caste and gave abuses. According to the complainant, his wife was sick and, therefore, on 4th of August, 2005, he got one application typed and sent to the police for necessary action. Thereafter, he was busy with social work and his wife was sick and therefore he went to Khanpur Police Station for giving complaint on 14th of August, 2005. The said complaint was registered by Khanpur Police Station and investigation was handed over to Dy. S.P. Mr. Pande. After investigation, a charge sheet came to be submitted against the respondent in the court of Judicial Magistrate, First Class, at Lunavada. Thereafter, this special case was committed to the Special Court, which was numbered as Special Case No. 23 of 2005.

(3.) Charge came to be framed against the respondent by learned Special Judge on 12th of January, 2006 at Exhibit 2, which was read over to the respondent and respondent pleaded not guilty and, hence, the prosecution examined as many as eight witnesses and produced on record six documents to prove its case. Ultimately, after recording the statement of the Respondent under Section 313 of the Code of Criminal Procedure wherein respondent took a stand to deny the prosecution evidence in toto and further stated that on account of pending civil dispute, a false case was filed against him and thereafter hearing both the sides, learned Trail Judge came to the conclusion to acquit the respondent and, hence, this Appeal.