PARSHOTTAMDAS HARIDAS PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Present appellants-original accused nos.4 and 5 have preferred this appeal under Section 374 (1) of the Criminal Procedure Code, 1973 challenging the judgment and order of conviction dated 16.8.2001 passed by learned Special Judge, Court No.15, Ahmedabad, in Atrocity Criminal Case no.50 of 2000, whereby accused nos.4 and 5 have been convicted for the offences punishable under Sections 143, 144, 147 and 148 of the Indian Penal Code and ordered to undergo rigorous imprisonment for one year. For the offence under Section 323 read with Section 149 of IPC also present appellants are convicted and ordered to undergo one year's rigorous imprisonment and for offence under Section 427 read with Section 149, present appellants are ordered to undergo two years' rigorous imprisonment. For the offence under Section 435 read with Section 149, the appellants are ordered to undergo three years imprisonment with fine of Rs. 500/-, in default of payment of fine, further simple imprisonment of 15 days was imposed. For the offence under Section 451 read with Section 149, the accused are ordered to undergo two years rigorous imprisonment with fine of Rs. 500/- and in default of payment of fine, further 15 days simple imprisonment was awarded. For the offence under Section 3 (1) (15) of the Scheduled Caste and Schedule Tribes (Prevention of Atrocities) Act read with Section 149 of IPC, three years' rigorous imprisonment was imposed with fine of Rs. 500/- and in default therefore, 15 days simple imprisonment was awarded. For the offence under Section 3 (2) (3) of the Atrocities Act read with Section 149 of IPC, three years' rigorous imprisonment was imposed. All the sentences were ordered to run concurrently.

(2.) The case of the prosecution is that the accused and the complainant are residents of the same society. Next to the house of the complainant, there is common plot. Members of the society intended to construct a community hall on the said common plot for the benefit of the members of the society. The complainant objected to it because if the community hall would be constructed his house would be blocked and it will affect his house. On 24.10.1999, in the morning at about 10 to 10.15 a.m., ten to 15 persons gathered there and with the help of labourers and mason they started construction work. The complainant said that if this construction is carried on, door of his house will be blocked. Other members of the society insisted that the wall would be constructed at that place only, therefore, a quarrel started. Accused no.4 inflicted a pipe blow on the head of the complainant, and another blow was given on the wrist of his right hand. Other accused persons started pelting stones, while accused no.5 had also given a pipe blow on the head of the brother of the complainant. The accused persons also entered the house of the complainant and ransacked it and also demolished one wall of the house. It is also alleged that the accused persons looted gold chain, two gold rings, Rs. 20,000/- cash, five sarees, gas bottle etc. having total value of Rs. 33,500/-. It is also the case of the prosecution that though the accused knew that the complainant are belonging to scheduled caste, they insulted them in public and asked them to vacate the house and threatened them to kill.

(3.) Upon investigation being carried out, charge-sheet was filed in the Court of Metropolitan Magistrate, against the accused persons for the above referred offences. Since the offence under the Atrocities Act was alleged against the accused, the case was committed to the Court of Special Judge. Thereafter, charge was framed against the accused and the accused pleaded not guilty to the charge and claimed to be tried.