STATE OF GUJARAT Vs. HARDEVSINH DASHRATHSINH GOHIL

JUDGEMENT

(1.) By way of the present appeal u/s.378(1)(3) of the Code of Criminal Procedure, the appellant - State of Gujarat has challenged the judgement and order dated 07/04/2016 passed by learned 3rd Additional Sessions Judge, Bhavnagar in Special (Atrocity) Case No.4 of 2015, by which, respondents - original accused have been acquitted from the offence punishable u/s.323, 504, 506(2), 507, 114, etc. of the Indian Penal Code and Section 135 of the G.P.Act and Section 3(1) (10), 3(1)(15), etc. of The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act (hereinafter referred to as "the Atrocity Act").

(2.) At the request of learned Additional Public Prosecutor appearing for the appellant - State as well as Mr.V.B.Kundan Singh, learned advocate appearing for respondent Nos.1 & 2, this appeal is taken up for final hearing today.

(3.) Brief facts, arise from the record, are as under: That respondent No.3- Pravinbhai Premjibhai Solanki had lodged an FIR being C.R.No.II-181 of 2014 on 15/11/2014 with In-charge Police Inspector of Palitana Town Police Station, Bhavnagar, alleging that he is residing with his family members namely mother, sister, wife, children and younger brother Paresh at Mouje: Senjaliya, Taluka: Palitana, District: Bhavnagar and carrying out agricultural labour work. On 18/10/2014 at about 1 O'clock in the noon, the present respondents - original accused came at his house with sticks and started using abusive language about his castes and asked the complainant why he has not came for labour work at his field. At that time, one of the accused has used sticks and given two blows on his leg and another accused used abusive language about his castes. They have also inquired about his brother Paresh. The complainant called his brother Paresh. His brother Paresh is also beaten by sticks and used abusive language. It was further alleged that the complainant and his brother were afraid by the accused and therefore, they left the house on account of fear and ultimately came back on 15/11/2014 and thereafter lodged the impugned FIR. Subsequent to completion of investigation, charge- sheet came to be filed before the concerned Magistrate, who had committed the case to the Special Judge, who has jurisdiction to try the case for the offence punishable under the Atrocity Act. Charge came to be framed at Exh-9 on 11/06/2015. Since the accused persons denied the charges, the trial commenced. The prosecution examined in all ten witnesses including the complainant, his family members, panchas, Investigating Officer, etc.. Further Statements of accused were recorded u/s.313 of the Criminal Procedure Code , in which, allegations were denied by all the accused and further stated that since amount is due at the instance of the complainant side, false FIR has been lodged. After considering the depositions of the witnesses and documentary evidences led before the Court, learned Special Judge acquitted the original accused from the charges levelled against them on the ground that prosecution has failed to establish the case against the original accused. Hence, this appeal.