STATE OF GUJARAT Vs. BHAIRAMBHAI GORDHANBHAI

JUDGEMENT

(1.) THE present appeal, under section 378 of the Code of Criminal procedure, 1973, is directed against the judgement and order of acquittal dated 6. 11. 2008 passed by the learned Special Judge and Additional Sessions Judge, Viramgam, District:ahmedabad (Rural)in Special Atrocity Case No. 4/2008 whereby the respondents-accused were acquitted of the charges leveled against them.

(2.) THE brief facts of the prosecution case are as under: 2. 1 The complainant Bhanuben W/o. Kanjibhai Parmar registered a complaint against present accused persons with Viramgam Rural Police Station, which was registered as C. R. No. I-73 of 2006 for the offences punishable under Section 143,147,148,504,323,506 (2) read with Section 3 (1) (10) of Atrocities Act. It is the case of the prosecution that on 12. 12. 2006, at about 19. 30 hours, near S. T. Stand of Village Kamijala, due to the election, all the accused persons by forming unlawful assembly, in furtherance of their common intention, attacked on complainant Bhanuben W/o. Kanjibhai Parmar, caused hurt to her intentionally, gave filthy abuses to her in public, provoked her to breach public peace, threatened her to kill and uttered words against her caste. Therefore, complaint was lodged by the complainant.

(3.) ON the basis of the said complaint, investigation was initiated and as there was sufficient evidence against the present respondents-accused persons, chargesheet was filed against them before the learned Judicial Magistrate First Class, Viramgam. As the offences committed by the accused persons were exclusively triable by the Court of Sessions as per the provisions of Section 209 of the Criminal Procedure Code, the learned Judge was pleased to commit the case to the Court of Sessions and the case was transferred and placed for trial before the learned Special Judge and Additional Sessions Judge, Viramgam, District:ahmedabad (Rural), which has been numbered as Special Atrocity Case NO. 4 of 2008. Thereafter, charge was framed against them for the offence punishable under Sections 143,147,148,504,323,506 (2) read with Section 149 of the Indian Penal Code and Section 3 (1) (10) of Atrocities Act. 3. 1 The accused persons pleaded not guilty to the charges and claimed to be tried. The prosecution therefore led evidence. 3. 2 To prove the guilt against the accused the prosecution has examined the following witnesses: 01 Dr. Mitesh Ajaykumar Shah (PW1-Exh. 17)02 Complainant Bhanuben w/o Kanjibhai Parmar (PW2- Exh. 20)03 Manjuben w/o Govindbhai K. Patel (PW3-Exh. 23)04 Danubhai Talshibhai Parmar (PW4-Exh. 24)05 Kanjibhai Kalshibhai Parmar (PW5-Exh. 25)06 P. S. O,mathurbhai Dhulabhai Nisharta (PW6-Exh. 26)3. 3 In order to support the case, the prosecution has produced on record 4 documentary evidence,namely, Medical certificate of the complainant (Exh. 18), Panchnama of the place of incident (Exh. 19),copy of the complaint lodged by the complainant (Exh. 21) and Copy of the caste certificate of the complainant (Exh. 22 ). 3. 4 At the end of trial, after recording the statement of the accused under section 313 of Cr. P. C. , and hearing arguments on behalf of prosecution and the defence, the learned Special Judge and Additional Sessions Judge, Viramgam, District:ahmedabad (Rural), acquitted the respondents of all the charges leveled against them by judgement and order dated 6. 11. 2008.