KIRANBHAI LALABHAI HARIJAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS revision application is preferred to challenge the judgment and order passed by the learned Special Judge (Atrocity) and Additional Sessions Judge, Banaskantha at Palanpur, in Special Case No. 181/1993, on 31st December, 1997.

(2.) THE said judgment was rendered recording acquittal of the accused persons before the trial Court. They were accused of offences punishable under Sections 302, 323, 504 r. w. Section 34 of the Indian Penal Code, Section 135 of the Bombay Police Act and Section 3 (1) (x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. The trial Court found that the complaint as well as the evidence were false and concocted and, therefore, recorded acquittal. The learned Special Judge also issued notice to the first informant and the witnesses calling upon them to show cause why the proceedings under Section 344 of the Code of Criminal Procedure may not be initiated against them.

(3.) THE first informant and the witnesses have preferred this revision application praying for setting aside the acquittal and stay of the notice issued by the Special Court calling upon the revisionists to show cause why the proceedings under Section 344 of the Criminal Procedure Code may not be initiated.