PAGI SOMAJI DHIRAJI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) IN all six accused came to be tried by learned Additional Sessions Judge, Sabarkantha, Camp at Modasa in Atrocity Case No.43 of 1996 for the offences punishable under as well as under Section 3(10) of the Scheduled Castes and the Scheduled Tribes Prevention of Atrocities Act, 1989 and under Section 135 of the Bombay Police Act, 1951.

(2.) VIDE judgment and order dated 08.01.1999 impugned in both these appeals, accused No.1 Somaji Dhiraji Pagi came to be convicted by the trial Court for the offence punishable under Section 302 of the Indian Penal Code and was sentenced to undergo imprisonment of life and to pay fine of Rs.500/ -, in default, to undergo imprisonment of six months. Accused No.1 Somaji Dhiraji Pagi also came to be convicted for the offence punishable under Section 324 of the Indian Penal Code for causing injury to Hirabhai Virabhai and was sentenced to undergo six months imprisonment and to pay fine of Rs.200/ -, in default, to undergo imprisonment of fifteen days. Accused No.2 Balaji Dhiraji Pagi came to be convicted for the offence punishable under Section 324 of the Indian Penal Code and was sentenced to undergo six months imprisonment and to pay fine of Rs.200/ -, in default, to undergo imprisonment of fifteen days. Accused No.3 Pratapji Somaji Pagi, accused No.4 Galaji alias Amrutji Balaji, accused No.5 Bhuraji Khatuji Pagi and accused No.6 Babubhai Khatubhai Parmar came to be acquitted by the trial Court for the charges levelled against them. Accused No.1 Somaji Dhiraji Pagi and accused No.2 Balaji Dhiraji Pagi also came to be acquitted by the trial Court for the offences punishable under Sections 307, 34, 147, 148 and 149 of the Indian Penal Code as well as under the charges levelled against them, under the Scheduled Castes and the Scheduled Tribes Prevention of Atrocities Act, 1989 and under Bombay Police Act.

(3.) BEING aggrieved by the abovesaid judgment and order, original accused No.1 Somaji Dhiraji Pagi preferred Criminal Appeal No.244 of 1999 before this Court under Section 374 of the Code of Criminal Procedure against his conviction and sentence as aforesaid.