STATE OF GUJARAT Vs. BALUBHAI KALUBHAI VALA

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 24.09.2009 passed by the Special Judge and Additional Sessions Judge, Junagadh in Special Atrocity Case No.04 of 2009, vide which the respondent came to be acquitted of the offences punishable under Sections 323, 504, 506(2) read with Section 114 of the Indian Penal Code ("I.P. Code" for Short) and under Section 3(1)(x) of Scheduled Castes &Scheduled Tribes (Prevention of Atrocities) Act, 1989 ("Atrocity Act" for Short) read with Section 135(1) of the Bombay Police Act ("B.P. Act" for Short).

(2.) The prosecution story as unfolded during the trial is that the complainant Dhansukhbhai Khimabhai Bhasa, Dalit, aged about 35 years, Occ: Labour, residing at Chaparada, Tal: Visavadar, he was belonging to the scheduled caste. On 14.11.2008, at about 8:00 A.M., the complainant went to the post office for inquire about his identity card. When he was passing near the water tank, accused no.1 Balu Kalubhai and accused no.2 Vikrambhai came on their motorcycle and stopped in front of the complainant. Both the accused gave filthy abuses by saying that "Tu bahu Vadhi Gayo Chhe", and accused no.2 caught the complainant and accused no.1 inflicted stick blows on body of Dhansukhbhai. Because of that, the complainant shouted loudly, therefore, the accused run away from there by giving threat that "Have Aje to Bachi Gayo Have Pachhi tu Bahu Vadhi Jay to Janthi Mari Nakhisu". Thereafter, the complainant called Ambulance and then his Bhabhi Lataben and Hansaben came there and took him to Visavadar Government Hospital in 108 Ambulance. Therefore, the said complaint was filed and the offence was registered as II.C.R.No.93/2008 at Visavadar Police Station, against the accused persons for offences punishable under Sections 323, 504, 506(2) and 114 of the Indian Penal Code and Section 135(1) of Bombay Police Act and Sections 3(1)(x) of the Atrocity Act, 1989.

(3.) After completion of the investigation charge-sheet was filed against accused respondents before JMFC, Junagadh. Therefore, the said case was committed to the Sessions Court as per the provisions of 209 of the Criminal Procedure Code. Thereafter, charge was framed against the accused respondents for the offences punishable under Sections 323, 504, 506(2) and 114 of the Indian Penal Code and Sections 3(1)(x) of the Atrocity Act, 1989 and Section 135(1) of the Bombay Police Act. The accused persons pleaded not guilty to the charges and claimed to be tried.