MANJULABEN RAMESHBHAI DABHI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Original complainant of I-C.R.No. 3057 of 2004 which was registered with Anklaw Police Station on 05.08.2004 against the respondents-accused for the offences punishable under Sections 323, 504, 506(2) read with Section 114 of the IPC and under Section 3(1)(x) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989, wherein, the learned Special Judge and Presiding Officer, Fast Track Court No.5, Nadiad vide order dated 15.06.2005 passed in Special Case No.02 of 2005 acquitted all the respondents- accused from the charges levelled against them.

(2.) It is the case of the prosecution that complainant- Manjulaben Rameshbhai Dabhi lodged the complaint before the Police Sub-Inspector, Anklav on 05.08.2004 that she was working in Anganwadi. On 30.05.2004, the complainant went to Dhobighat to wash the clothes alongwith her sister Ramilaben and niece Divya, who was bathing there. The respondent No.1-Sarojben got excited and started abusing regarding her caste and called her husband-respondent No.2 as well as respondent Nos.3 and 4. Thereafter, the respondent No.1-accused caught the hair of the complainant and fallen her down and respondent No.2-accused gave blow of the wooden stick on the left hand and back side of the complainant, whereas respondent Nos.3 and 4 slapped the complainant. Therefore, the complainant became unconscious and respondents-accused threatened her that today she was saved, but they would not remain her alive. Thereafter, the complaint was filed by the complainant against the respondents-accused before the Police Sub-Inspector, Anklav Police Station.

(3.) Since the offence pertains to Atrocity, the same was informed to Deputy Superintendent of Police through wireless message and panchnama of place of offence drawn. Then, respondents-accused were arrested and muddamal wooden stick was recovered. Caste certificate was tagged with the investigation papers. Thereafter, investigation was carried out and statement of the witnesses were recorded and charge- sheet was filed for the offence punishable under Section 323, 504, 506(2) read with Section 114 of the IPC and under Section 3(1)(x) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 before the learned Judicial Magistrate, First Class, Borsad. As the said case was exclusively triable by the Sessions Judge, learned JMFC, Borsad committed the said case to the learned Sessions Judge under Section 209 of the Code of Criminal Procedure Code.