STATE OF GUJARAT Vs. ARJANBHAI LAXMANBHAI PARMAR

JUDGEMENT

(1.) The appellant - State of Gujarat has preferred the present appeal under Section 378(1)(3) of the Code of Criminal Procedure against judgment and order dated 20.06.2017 passed by learned Special Judge and 3rd Additional Sessions Judge, Nadiad in Special Atrocity Case No. 16 of 2014, acquitting the respondents accused for the offence punishable Sections 323, 504, 114 of the Indian Penal Code and Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

(2.) As per the prosecution version, on 13.05.2012 at about 7 o'clock in the evening, while the respondent accused - Arjan wanted to place pan shop nearby Naliya belonging to the complainant, some altercations took place, in which, the respondents accused abused and even assaulted the complainant by giving kick & fist blows. Thereby the respondents accused committed an offence punishable under Sections 323, 504 read with Section 114 of the Indian Penal Code and Section 3(1)(x) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act.

(3.) After registration of complaint, investigation was carried out and charge-sheet came to be filed against the accused in the Court of learned Magistrate. As the case was triable by learned Sessions Court, the same was committed to the Court of learned Sessions Judge. Thereafter, the charge came to be framed and explained to the accused, to which the accused pleaded not guilty and claimed to be tried.