STATE OF GUJARAT Vs. BHARWAD DANUBHAI KACHRABHAI

JUDGEMENT

(1.) Though Rule has been served, neither the opponents have remained present nor they have put appearance through any advocate.

(2.) The appellant State has preferred this appeal under Section 378 of the Criminal Procedure Code against the judgment and order dated 21.09.2007 rendered by the learned Special Judge, Limbdi in Special Case No.42 of 2005.

(3.) The short facts giving rise to the present appeal are that the complainant and other victims were residing in the agricultural field of Bhagubhai Parmar-Sarpanch of village: Panshina and they were engaged themselves in piecemeal labour work. On 21.01.2005 at about 6.00 p.m. while complainant along with his brothers were doing labour work, the accused Dana Kachra, Kanabhai Danabhai, Samant Khoda and Bharwad Ranchhodbhai came there and demanded woodlogs from the complainant. As the complainant denied to give wood-logs, the accused assaulted the complainant and prosecution witnesses with stick as well as gave filthy abuses to the complainant and prosecution witnesses relating to their caste and community, and thereby, he alleged to have committed the offence punishable under Sections 323, 324, 504, 506(2) read with Section 114 of the Indian Penal Code and Sections 3(1)(10) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act and Section 135 of the B.P.Act. Hence, the complaint came to be lodged against the respondents accused.