STATE OF GUJARAT Vs. MEHURBHAI KANABHAI DHANDHAL

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 29.09.2014 passed by the 3rd Additional Sessions Judge, Bhavnagar in Special Atrocity Case No.12 of 2014, vide which the respondent came to be acquitted of the offences punishable under Sections 323, 504, 506(2), 403 read with Section 114 of the Indian Penal Code ("I.P. Code" for Short) & Section 135 of G.P. Act and under Section 3(1) (X) of Scheduled Caste & Scheduled Tribe Prevention of Atrocities Act, 1989 ("Atrocity Act" for Short) read with Section 135 of the Bombay Police Act ("B.P. Act" for Short).

(2.) The prosecution story as unfolded during the trial is that on 19.10.2013, when the complainant was returning from Village Mandvi, after completing lighting work at that Village, at about 12:45 hours, when he reached the river, the accused were grazing their cattle. They called the complainant, used insulting language and blamed the complainant that "Dheda, why don't you want to do our work". Saying so they started abusing the complainant. Complainant asked the accused not to do so. Hence, accused got excited and started beating complainant. Accused Mehur Kanabhai inflicted stick blow, all over the body of the complainant indiscriminately. Accused Sardulbhai was having axe and the back side of the Axe was used to inflict blow to the complainant on the right elbow and hence the complainant started bleeding. Accused Mansurbhai was having stick with which he inflicted blow on the back of the complainant. All of them inflicted kick and fist blows also. They compelled the complainant to put off the clothes. The accused threatened the complainant that if he makes a complaint he would be killed.

(3.) Complaint was lodged before Gariyadhar Police Station for offences punishable under Sections 323, 504, 506 (2), 403, 114 of I.P. Code and Section 135 of G.P. Act as well as Section 3(1)(X) of Atrocity Act. Charge sheet was filed before the JMFC, Gariyadhar. As the case was triable by the Sessions Court, under Section 209 of CR.P.C. the same was committed to Sessions Court.