STATE OF GUJARAT Vs. MUKESHBHAI RAMANBHAI KESURBHAIVASAVA

JUDGEMENT

(1.) The present appeal, under Section 378 of the Code of Criminal Procedure, 1973, is directed against the Judgment and order of acquittal dated 15.07.2004 passed by the learned Joint Judicial Magistrate, First Class, Ankleshwar in Criminal Case No. 2806 of 2004, whereby the learned Magistrate has acquitted the respondent ­ accused from the charges levelled against him.

(2.) The brief facts of the case of prosecution are that on 23.05.2004 at 8:00 a.m. early in the morning while the complainant was opening his flour mill, the respondent ­ accused has demanded Rs. 70/- from him, which was denied by him and therefore the respondent -accused has given filthy abuses to the complainant and when the complainant has requested not to give filthy abuses to him, the respondent ­ accused has taken iron pipe and inflicted a blow on right hand of the complainant as well as on wrist of right hand and thigh of left leg. It is further the case of the prosecution that one Sureshbhai Balubhai Vasava intervened and saved the complainant from further beatings. Therefore, the complainant lodged complaint against the accused ­ respondent for the offences punishable under Sections 324, 504 and 506(1) of IPC. Thereafter, after investigation, the Police filed charge- sheet against the accused in the Court of learned Magistrate.

(3.) To prove the case against the present respondent ­ accused, the prosecution has examined all the witnesses and also produced documentary evidence.