STATE OF GUJARAT Vs. MALIK AMIRUDDIN @ BAPU SAMSUDDINKHAN

JUDGEMENT

(1.) The State is in appeal under section 378(1)(3) of the Code of Criminal Procedure, 1973 (hereinafter referred to as "Code" for short) to question the legality and validity of the judgment and order of acquittal dated 23.10.2007 passed by the learned Additional Sessions Judge and Special Judge, Dhrangadhra in Special Case No.14 of 2006, vide which the respondent came to be acquitted of the offences punishable under Sections 323, 504, 506(2) of the Indian Penal Code ("I.P. Code" for Short) and under Section 3(1)(x) of Scheduled Caste &Scheduled Tribe Prevention of Atrocities Act, 1989 ("Atrocity Act" for Short).

(2.) The prosecution story as unfolded during the trial is that the complainant Dhaneswar Ambaram Shukal registered a complaint being II.C.R.No.41 of 2005 against the accused with Dasda Police Station, Surendranagar for the offences punishable under Sections 323, 504 and 506(2) of the Indian Penal Code and Section 3(1)(x) of the Atrocity Act, 1989, stating therein that the complainant Dhaneswar Ambaram Shukal, who is residing at village : Vanod and belonging to the Scheduled Caste. The accused is also residing at the same village and belonging to the Muslim Community. The land of the complainant situated at Pipardi Talavadi and he is cultivating the land for last 15 years, which is admeasuring about four acres. In the said land, he is doing agriculture work. At the time of incident. On 13.11.2005, at about 9:00 a.m., when he was doing agricultural work on the said land, the accused came there and abused him with humiliating words about his caste and threatened to commit his murder by saying that "Jamin Khedvi Nahi Ane Jo Jamin Khedvanu Bandh Nahi Kare To Tane Mari Nakhvama Avse". Thereafter, the accused pushed and tell him on the earth and caused grievous injury to him. Thereafter, on 15.11.2005, when he was standing at Village:Vinod, near the bus-stand, the accused came there and by saying that "Tane Maru To Kon Chhodavse" pushed him. The accused attempted to commit his murder and threatened him. The accused knowing very well that the complainant belonged to the Scheduled Castes, abused him and tried to commit his murder and also threatened him and thereby, committed offences punishable under Sections 323, 504 and 506(2) of the Indian Penal Code and Section 3(1)(x) of the Atrocity Act, 1989.

(3.) After completion of the investigation charge-sheet was filed against accused respondent before JMFC, Surendranagar. However, as the case was triable, the learned JMFC, Surendranagar, committed the said case to the Sessions Court as per the provisions of 209 of the Criminal Procedure Code. Thereafter, charge was framed against the accused respondent for the offences punishable under Sections 323, 504 and 506(2) of the Indian Penal Code and Section 3(1)(x) of the Atrocity Act, 1989. The accused pleaded not guilty to the charges and claimed to be tried.