STATE OF GUJARAT Vs. BHAGWATIBEN CHAMANLAL MOHANBHAI MEVADA

JUDGEMENT

(1.) By way of this appeal, the appellant-State has challenged the judgment and order of the learned 4th Fast Tract Court, Palanpur dated 29.09.2007 rendered in Special Case No.30 of 2007, 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) read with Section 114 of the Indian Penal Code and under Section 3.-1(10) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act.

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

(3.) The complainant Rameshbhai Makwana has filed a complain against respondents before PSO Chhapi Police Station stating the fact as under:- 3. 1 According to complainant, it is the case of prosecution that complainant is resident of village Basu, Taluka Vadgam, Dist. Banaskantha and he belongs Valmiki Community. According to say of complainant, as there was a General Meeting of Panchayat on 5.1.2006, the complainant Rameshbhai has gone in said meeting and given an application to Sarpanch, Bhagwatiben and Talati Cum Mantri Karshanbhai Bhutadiya. On receipt of said application, the Sarpanch as well as Talati Cum Mantri, got excited and gave filthy abuses to the complainant relating to this caste with clear intention to insult the complainant in public at large, more particularly using words like "Olagana and Bhangiya". It is further the case of prosecution that accused persons have also told the complainant that these Bhangiyas are habituated to give false application. At that time, complainant has replied that this is a false application, the accused persons gave filthy abuses and pushed him away and application was given to village people for reading purpose and thereby instigated the village people. It is further the case of prosecution that at the time of incident, acdcused Maufik Rahim Chaudhari has given filthy abuses to the complainant and accused Mohmed Rahim Palasara has pushed the neck of complainant, therefore, prosecution witness Raiben Heduji intervened and save the complainant from further beating. Therefore, complainant has filed a complaint before Chhapi Police Station, which was registered at CR No. II-3001/2006 for the alleged offences under Section 323, 504, 506(2) r.w.s. 114 of IPC and section 3(1)(10) of Prevention of Atrocity Act (Prevention of Scheduled Caste and Scheduled Tribe Act).