STATE OF GUJARAT Vs. CHELABHAI DEVSINHBHAI PATEL

JUDGEMENT

(1.) HEARD learned A. P. P. Ms. Krina Calla appearing for the appellant-State. The appeal is admitted.

(2.) THIS appeal is preferred under Section 378 of the Code of Criminal Procedure, 1973 against the judgment and order of acquittal dated 04. 05. 2009 passed by the learned Presiding Officer and Additional Sessions Judge, F. T. C. No. 2, Deesa Camp at Deodar, Banaskantha in Special Case No. 92 of 2008.

(3.) AS per the prosecution case, the complaint was given on 02. 10. 2007. The complainant, who was proceeding in a tractor on 02. 10. 2007, near G. I. D. C. Road, Deodar, was intercepted by the respondents, who were coming in the rickshaw. The respondents had a quarrel with the complainant. They abused him, caused injuries on the chest and humiliated the caste of the complainant and, therefore, the complainant lodged the complaint. On the strength of the complaint, the investigation was set in motion. The investigating officer prepared panchnama and recorded statements of the witnesses. On completion of investigation, the respondents were chargesheeted and the charge was framed against the respondents for the offence punishable under Sections 323, 506 (2) and 114 of I. P. C. as well as Section 3 (1) (x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short, "atrocities Act" ). The learned Judge framed the issue and held that the prosecution has not established the involvement of the respondents in the commission of offence beyond all reasonable doubt and, therefore, the learned Judge acquitted the respondents for the offence punishable under Sections 323, 506 (2) and 114 of I. P. C. as well as Section 3 (1) (x) of the Atrocities Act. The learned Judge held that there are many lacuna and contradictions in the deposition adduced by the prosecution witnesses and, therefore, he gave benefit of doubt to the respondents and acquitted them.