STATE OF GUJARAT Vs. KALUBHAI MOTIBHAI BAMANIYA

JUDGEMENT

(1.) The appellant State has preferred this appeal under Section 378 of the Criminal Procedure Code against the judgment and order dated 21.11.2007 rendered by the learned Special Judge, Panchmahal at Godhra in Special (Atro) Case No.22 of 2006, whereby the accused were acquitted from the charges levelled against him.

(2.) The short facts giving rise to the present appeal are that on 11.10.2006 while complainant-?Danabhai Valabhai Vankar along with his family members were cleaning the land in his field, at that time, the accused Kantibhai Motibhai came in the field and told that he will not allow water to pass from his field. On the date of incident, at about 7.00 hours, in the evening, while complainant had gone to his field for the purpose of irrigation, the accused person Motibhai came in the field with deadly weapons and in abettment of each other gave filthy abuses to the complainant as well as administered threat. Therefore, complainant Danabhai has filed complaint before Lunavada Police Station for the alleged offences under Sections 504 , 506(2) , 114 of the Indian Penal Code read with Section 3(1)(5)(10) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act , 1989 and Section 135 of the Gujarat Police Act.

(3.) In pursuance of the complaint, the Investigating Officer carried out the investigation and filed the chargesheet against the respondent accused. The charge was framed against the accused. The accused pleaded not guilty and claimed to be tried.