PRAVINSINH NATHUSINH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) PRESENT appeal preferred under Section 374 (2) of Criminal procedure Code, 1973 is directed against the judgment and order dated 16. 5. 1995 passed by the Special Judge, Ahmedabad District Court, ahmedabad in Criminal Case No. 105 of 1992 by which the learned Judge convicted the appellants for the offence punishable under Section 143 of ipc for R. I. of 6 months and a fine of Rs. 500/- in default S. I. for 1 month, under Section 147 R. I. of 6 months and a fine of Rs. 100/- and s. I. for 1 month, under Section 506 (2) R. I. for 1 year and a fine of rs. 1000/- in default S. I. for 3 months, under Section 3-1 (5) of the atrocities Act R. I. of 1 year and fine of Rs. 1000/- in default S. I. for 6 months, under Section 3-1 (10) of the Prevention of Atrocities Act R. I. for 1 year and a fine of Rs. 1000/- in default S. I. for 6 months, under Section 3-1 (15) of the Prevention of Atrocities Act, R. I. for 1 year and a fine of rs. 1,000/- and in default S. I. for 6 months and under Section 427 of ipc R. I. of 6 months and a fine of Rs. 1000/- in default S. I. for 6 months. All the sentences shall run concurrently.

(2.) THE short facts giving rise to the present appeal are stated herein below:

(3.) THE complainant, Mangiben widow of Meghjibhai was residing in a hut prepared in the Government land in Sector No. 21 of gandhinagar which is adjoining Vastu Nirman Society. As per the prosecution case, the appellant No. 1 was telling Mangiben to remove the hut from the place where it was constructed. It is alleged that on 31. 7. 1992 when Mangiben returned to her hut at about 12. 00 O'clcok and after taking her meals, she was about to go to sleep. The accused came there and told her to vacate the hut and leave the place. She pleaded her inability to leave the hut because of the heavy rainfall. The appellant No. 1 who was accompanied by the other accused persons removed the hut. She, therefore, gave the complaint to the PSO, gandhinagar on 31. 7. 1992. On the strength of the complaint given by mangiben, the place where the hut of the Mangiben was demolished was visited by the I. O. and the panchnama in respect thereof was prepared. The statement of witnesses was also recorded. The accused came to be arrested during the course of the investigation and produced before the learned Magistrate at Gandhinagar. On completion of the entire investigation, the learned Magistrate made over the case to the Additional sessions Judge, Ahmedabad (Rural) under Section 209 of Criminal procedure Code as the case has been exclusively triable by the Sessions court. The charge against the appellants was framed vide Exh. 10 by the learned Judge on 31. 7. 1992 for the offence punishable under Sections 143, 147, 427, 506 (2) of the IPC as well as under Section 3-1 (5x10x15)of the Atrocities Act. The appellants pleaded not guilty to the charge levelled against them.