STATE OF GUJARAT Vs. GOPALBHAI FULABHAI GONDALIYA PATEL

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 15.03.2007 passed by the Learned Presiding Officer,Fast Track Court No.2, Junagadh in Special Case No.1 of 2007, 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 Atrocity (Prevention of Scheduled Castes &Scheduled Tribes) Act, 1989 ("Atrocity Act" for Short). The appellants-State being aggrieved by and dissatisfied with the impugned judgment and order dated 15.03.2007 hence, has preferred this appeal.

(2.) The prosecution story as unfolded during the trial is that on 21.07.2005, at about 7.30 a.m., the complainant went to shop of Jentibhai Jerambhai for buying Bidi-Bakas where Bachubhai Parbatbhai, Jivabhai Hirabhai and Rambhai Vashrambhai were present. At that time, accused Gopalbhai Fulabhai Gondaliya and Ramesh Mohan Thumar came there and give filthy abuses by saying " Aa Dheda Ne Kone Panchayat Ma Rakhel Che". Therefore, complainant asked him not to give filthy abuses, and thereafter, Ramesh Mohan hold the complainant and accused Gopal Fula inflicted kick and fist blow on the complainant, therefore, complainant received injury on left hand side knee, waist and rib, therefore, Jivabhai Hirabhai intervened and rescued him, and thereafter, Gopal Fula and Ramesh Mohan ran away from scene of offence by giving filthy abuses and also threatened him by saying they would kill him. Then after, after informing the Sarpanch, Bachubhai shifted him at Medarda government Hospital for treatment.

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