STATE OF GUJARAT Vs. BHAVIKKUMAR @ TINESH SHANKARBHAI

JUDGEMENT

(1.) By way of this appeal, the appellant-State has challenged the judgment and order of the learned Additional Sessions Judge, 5th Fast Track Court, Palanpur dated 22.02.2007 rendered in Special (Atrocity) Case No.123 of 2005, whereby the learned trial Judge acquitted the original accused, the opponents herein of the charges for the offence punishable under Sections 323, 504, 506(2) of the Indian Penal Code (for short IPC) and Section 3(1)(x) of the Prevention of Atrocities Act, 1989.

(2.) The brief facts of the case of the prosecution, as set out before the learned Trial Court, read as under: The complainant-Gautamkumar Mohanlal Vankar (Parmar), lodged complaint before Palanpur City Police Station being IICR No.3295 of 2005 for the offences punishable under Section 323, 504, 506(2) and 114 of the Indian Penal Code stating therein that he was working in Hit Mineral Water as a delivery boy. On 25.08.2005, he went for delivery of water carrate (Carba) with another delivery boy viz. Arun Kumar and Rickshaw driver viz. Dashrathbhai in loading rickshaw. At about 8.15 a.m., they parked rickshaw at Becharpura Railway Fatak for supplying the carrate (cabra) to their customers. After supplying when they were returned, at that time, the accused persons went from there on bike and by stopping their bike, they asked them why they parked rickshaw here and complainant reply him by saying "Rickshaw Side Ma Padi Che, Su Taklif Padi, Tamo Tamari Motor Cycle Lai Jai Shako Cho". Because of that the accused persons got provoked and gave faul abuses to the complainant. From the accuse persons, accused No.2 caught hold the complainant and accused no.1 slapped him, inflicted iron punch blow on his mouth and also inflicted pist blows on his body. The accused persons also threatened the complainant by saying they would kill him.

(3.) After completion of the investigation, the charge-sheet was filed against all accused persons before the Judicial Magistrate First Class, Banaskantha. As the case was exclusively triable by the Court of Sessions, learned Magistrate Court, Banaskantha under section 209 of the Code of Criminal Procedure, 1973 (for short Cr.P.C.) committed the said case to the Sessions Court, Banaskantha, which was, thereafter, numbered as Special (Atrocity) Case No.123 of 2005. Since the accused persons did plead guilty and claimed to be tried, they were tried for the alleged offences.