STATE OF GUJARAT Vs. PRAVINSINH CHANDAJI RAJPUT

JUDGEMENT

(1.) THE above referred Criminal Appeal is preferred by the State under Section 378 of the Code of Criminal Procedure, against the judgment and order delivered by the learned Additional Sessions Judge, Mehsana on 31st July, 2007 in Special Atrocity Case No.10 of 2007 whereby the learned trial Judge acquitted the present respondents who are accused in the said atrocity case for the charges leveled against them under Sections 394, 504, 506 (2) and 114 of the Indian Penal Code, as well as, under Sections 3 (1) (10) and 3 (2) (5) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocity) Act.

(2.) IN the above said Criminal Appeal, the State has also preferred the above referred Criminal Misc. Application under Section 378 (1) (3) of the Code of Criminal Procedure, for obtaining leave to appeal.

(3.) LEARNED Additional Public Prosecutor, Mr.M.R.Mengdey, was heard at length on behalf of the State in this matter. According to prosecution case, the complainant was at relevant juncture Sarpanch of Village Nandali, Tal. Kheralu. The Panchayat had started work upon Samadhis situated near the village to repair the said Samadhis. The said work was in progress and complainant -Babubhai Shankarbhai and member of Panchayat -witness -Rameshbhai Bhikhabhai was supervising the said work. At that juncture, the accused Rajput Pravinsinh Chandaji came there and accosted the complainant and directed to stop the work. The complainant stated that the Government has given grant and work order to execute the said work and that was being done for last week which cannot be stopped. Thereupon, Rajput Pravinsinh started giving abuses to the complainant and when he was requested not to abuse, accused Pravinsinh caught hold of complainant and insulted the caste of the complainant. In the meantime, the accused No.2 -Mahendrasinh Gemarji came running and he also started giving abuses to the complainant. Thereafter, both the accused started giving slap to the complainant and witness -Rameshbhai intervened. Rameshbhai was caught hold by the accused and the complainant had fallen down on the ground. In the meantime, accused No.1 -Pravinsinh took out Rs.2,500/ - from the pocket of the complainant and thereafter both the accused ran away from that place.