GOVINDBHAI MASHARUBHAI BHARAVAD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present conviction Appeal has been filed by the appellant-original accused, under Sec. 374(2) of the Cr. P.C. against the Judgment and order dtd. 29/7/2011 rendered in Special Atrocity Case No.28 of 2009 by the learned Special Judge, Bhavnagar (Camp at Botad), whereby the appellant-accused was convicted for the offence punishable under Sec. 323 of the Indian Penal Code and sentenced to undergo six months simple imprisonment with fine of Rs.200.00, in default of payment of fine, further simple imprisonment of fifteen days, for the offence punishable under Sec. 3(1)(x) of the Atrocity Act and sentenced to undergo two years rigorous imprisonment with fine of Rs.500.00, in default of payment of fine, further simple imprisonment of one month.

(2.) It is the case of the prosecution in nut-shell that when the complaint and Ranjitbhai Talshibhai were coming on motorcycle near Aveda Gate-three cross roads, the appellant- accused was coming towards the Dindayal Chowk in his Piagio Rickshaw bearing registration No.GJ-4-X-4454 and dashed with the complainant's motorcycle. Therefore, the complainant said that see and drive, to which, the appellant-accused got excited and abused him that "Dhedha tame mathabhare thai gaya chho" and thereafter, the accused gave one stick blow on the head of the complainant and thereby he received grievous injuries. When the witness Ranjitbhai intervened, the appellant-accused also gave stick blow on his head too. The complainant alleged that the accused had abused and insulted his caste with an intention to humiliate him and thereby made a breach of notification of District Magistrate, Bhavnagar.

(3.) Therefore, the complaint was filed by the complaint before the Botad Police Station bearing I-C.R.No.54 of 2009 against the appellant-accused. Thereafter, the investigation was carried out and statement of the witnesses were recorded. Caste certificate of the complainant was obtained and panchnama of scene of offence was drawn. Then muddamal was recovered and appellant-accused got arrested.