STATE OF GUJARAT Vs. BHARAT ARJAN GADHVI

JUDGEMENT

(1.) APPEAL is admitted. We do not consider it necessary to call upon the respondents at this stage. The instant Appeal is preferred by the State under Section 378 of the Code of Criminal Procedure, 1973 against the judgement and order delivered by the learned Special Judge, Gandhidham-Kutchh in Special Case No. 6 of 2009, whereby the present three respondents came to be acquitted by the Trial Court for the offences punishable under Sections 323, 325, 504, 506 (2) and 114 of the Indian Penal Code, under Section 3 (1) (10) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 as well as under Section 135 of the Bombay Police Act.

(2.) IT is the prosecution case that, on 28th April 2008, at about 09. 30 p. m. , the incident in question occurred near Green Palace Hotel at Gandhidham. It is the case of the prosecution that the complainant had given a memorandum against the accused for irregularities in plying rickshaws. The accused kept grudge about this and after holding deadly weapons, had beaten the complainant with hockey etc. and caused grievous hurt. The accused insulted the complainant by his caste and the complaint came to be lodged before the Gandhidham Police Station being Crime Register No. I-211/2008 for the offences punishable under Sections 323, 325, 504, 506 (2) and 114 of the Indian Penal Code as well as for the charges under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and under the Bombay Police Act. On completion of investigation, chargesheet came to be filed in the Court of the learned Judicial Magistrate First Class, and case was committed to the Special Court. The Trial Court framed charges vide exh. 5 and each of the accused respondents pleaded not guilty. The prosecution examined seven witnesses and also produced on record documentary evidence as under:<FRM>JUDGEMENT_2926_TLGJ0_2009Html1.htm</FRM>

(3.) AFTER recording the statements of the accused under Section 313 of the Code of Criminal Procedure, the learned trial Judge heard both the sides and came to the conclusion to acquit the accused and hence, the appeal. The defence of the accused was of total denial.