STATE OF GUJARAT Vs. KANUBHAI PUNJABHAI BHARWAD

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 Special Judge, Dist: Panchmahal at Godhra on 22nd October, 2007 in Special Case No.13 of 2007 whereby the present respondents being accused of the said Special Case came to be acquitted by the Special Judge for the offences charged against the accused under Sections 323, 143, 147, 148, 149, 504, 506 (2) of the Indian Penal Code as well as under Section 3 (1) (10) of Schedule Caste and Schedule Tribe (Prevention of Atrocity) Act, 1989 as well as under Section 135 of the Bombay Police Act.

(2.) THE State has also preferred above referred Criminal Misc. Application under sub -section 3 of Section 378 of the Code of Criminal Procedure, for obtaining leave to appeal.

(3.) LEARNED Additional Public Prosecutor, Ms.H.B.Punani, for State was heard at length in respect of the matter on behalf of the State. The incident in question which led to prosecution of the respondents occurred on 21st January, 2007 and the complaint of which came to be filed by complainant -Rameshbhai Aahjibhai Vankar on 31st January, 2007 at Shehra Police Station, which was registered as Crime Register No.I -20 of 2007. According to prosecution case as disclosed in the complaint, on the date of incident, while complainant was going to his old house at about 2:00 p.m. and when he reached near the house of one Ramiben Khatubhai Vankar, accused No.1 -Kanubhai Punjabhai Bharvad and Jivabhai Punjabhai Bharvad were coming on cycle and cycle was driven by them upon the complainant. The complainant was caught hold by the accused from neck and he was beaten by fist and kick. Accused No.1 -Kanubhai inflicted blows by iron rod on the back of the complainant. At that time, Ghanabhai Ratnabhai, Nanduben Dahyabhai, Khengarbhai Kalubhai and Ramiben came to the incident and complainant was rescued. At that juncture also, both these persons insulted the caste of the complainant. For some period, complainant did not file any complaint nor he took any treatment. Thereafter, when he was at his old house, at the resident of his uncle, Ganehsbhai Dudhabhai Vankar and his aunt Bhuriben and sister -in -law -Jashiben Somabhai was present at about 5:00 p.m., accused -Kanubhai Kanabhai Bharvad, Kanubhai Pethabhai Bharvad, Jivabhai Punjabhai Bharvad, Kanubhai Haribhai Bharvad, Valabhai Ramabhai Vankar, Punjabhai Kalubhai Vankar and Ganeshbhai Hirabhai Vankar, in all nine persons came there with weapons like iron rods, hockey, sticks, etc. Kanubhai Kanbhai had iron rod in his hand while Kanubhai Pethabhai had also iron rod in his hand. Accused -Valabhai Ramabhai Vankar and Punjabhai Kalubhai Vankar had also iron rods in their hands; while other accused had weapons like hockey, stick, etc. All of them started beating family members of the complainant and those family members were Savabhai Koyabhai, Govindbhai Parmabhai, Dineshbhai Govindbhai, Dhaniben Govindbhai, Vinuben Aahjibhai, Valabhai Dudhabhai, Devabhai Kalubhai and Hirabhai Savabhai. They all uttered abuses and insulted the caste of the complainant and his relatives. The accused persons also threatened to handover the land to the accused otherwise the complainant and his family members would be done to death. Witnesses came at the scene of offence and they intervened and therefore the accused went away.