LAWS(GJH)-2017-3-503

STATE OF GUJARAT Vs. HARDEVSINH BABUBHA JADEJA

Decided On March 15, 2017
STATE OF GUJARAT Appellant
V/S
Hardevsinh Babubha Jadeja Respondents

JUDGEMENT

(1.) By way of this appeal, the appellant-State has challenged the judgment and order of the learned 2nd Special Additional Sessions Judge, Jamnagar dated 28.08.2014 rendered in Special Atrocity Case No.14 of 2013, whereby the learned trial Judge acquitted the original accused, the opponents herein of the charges for the offence punishable under Sections 323, 506,(2), 114 of the Indian Penal Code (for short IPC) and 3(1)(10) of the Atrocity Act.

(2.) The brief facts of the case of the prosecution, as set out before the learned Trial Court, read as under:

(3.) After completion of the investigation, the charge-sheet was filed before the learned Judicial Magistrate First Class, Dhrol. As the case was exclusively triable by the Court of Sessions, learned Judicial Magistrate First Class, Dhrol under section 209 of the Code of Criminal Procedure, 1973 (for short Cr.P.C.) committed the said case to the Court of 2nd Special Judge, Jamnagar, which was, thereafter, numbered as Special Atrocity Case No.14 of 2013. Since the accused persons did plead guilty and claimed to be tried, they were tried for the alleged offences.