RAJUBHAI PREMABHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By means of filing this Appeal under section 374 (2) of the Code of Criminal Procedure, 1973 ["CrPC" for brevity], the appellants have assailed the judgment and order dated 10th June 2002 passed by the learned Special Judge, Bharuch in Special Atrocity Case No. 5 of 2001, whereby, the appellants-original accused have been convicted for breach of Notification issued under Section 37 of the Bombay Police Act, 1951 and thereby ordered to undergo sentence for an offence punishable under Section 135 of the said Act, for a term of one year simple imprisonment and to pay fine of Rs. 500/-; and in default thereof, to undergo further s.i for one month.

(2.) Succinctly stated, the facts as emerging from the record reads thus-

(3.) Complainant-Thakorbhai Gumanbhai Rathod, resident of Sisodara, Taluka-Ankleshwar, District Bharuch in his complaint has stated that he works at Thakorbhai Kilbhai and when he went to his job on 04-05-2000, his master and about 20 persons of that area had to reach the temple of Gumandev, the following morning and therefore, he also left for the temple of Gumandev on foot. His master told him that he was going to the temple on foot. Complainant and Rajubhai had to leave Shishodra at 08:00 hrs at night and reach Gumandev. When they were preparing for the same, the accused no.1 Rajubhai Premabhai Patel sat in the trailer. The complainant told him that he has instructions not to let anyone sit. Therefore, the accused Raju Prema got off and started abusing indiscriminately hurling castiest slur and asked whether the tractor belonged to his father. Having said so, he brought a wooden club from stack of babool trees from nearby enclosure and inflicted a blow on the left thigh of the complainant. The complainant went home to avoid any more beating. Thereafter, Raju Prema sent three friends from his area namely accused no. Natvarbhai Shankarbhai Patel; accused no.3 Mahipatsinh @ Munno; accused no.4 Kishor @ Kanubhai Premabhai to his house to beat him further. They hurled abuses and pulled the complainant out of his house, entered into scuffle with him and gave him kick and fist blows, tore clothes of the complainant. Meanwhile, elder brothers of the complainant namely Bhagubhai Gumanbhai and Bhagubhai Chhitubhai, who live nearby rushed over there. The accused no.2 Natvarbhai inflicted a blow of stick to Bhagubhai on his left hand and threatened him with life, if he intervened, and hence, a complain came to be lodged in this regard at Ankleshwar Rural Police Station.