MALABHAI MAHADEVBHAI RABARI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard learned advocate Mr.Manish Shah for the applicants and learned APP for the respondent State, as also Learned advocate Mr. Jigar Gadhvi for the complainant.

(2.) It is in connection with the First Information Report bearing Crime Register No.II-3008 of 2017 registered with Khedbrahma Police Station, Sabarkantha on 03rd March, 2017, against the present applicants-accused for the offence under Sections 323, 504, 506(2) and 114 of the Indian Penal Code, 1860 Section 135 of the Gujarat Police Act and Sections 2, 3 and 5 of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, that this application under section 438 of the Code of Criminal Procedure, 1973 is presented by the applicants.

(3.) According to the first informant when he was watering his field on 01st March, 2017 the applicant came near him and stated that why the complainant was conveying water by extending water pipe from the field of the applicant. The complainant responded to say that he would not do so if the accused was objecting. However, according to the allegations, applicant got angry and went away. When the complainant was returning home, the applicant along with his other family members came and started abusing the complainant that why he has not removed the pipe so far. They had in their hands stick which they tried to use and also indulged into the acts of kick and feast. They uttered, while going away, words relating to caste and stated that if the complainant was to take water from their field again, they would not permit the complainant to live. Thereafter the complainant filed the complaint in respect of the offences under the Indian Penal Code as well as under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 2015.