DEVANG SURENDRA PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present appeal has been filed by the appellant under Section 374 of the Criminal Procedure Code against the judgment and order dated 08.09.2000 passed by learned Special Judge, Court No.19, Ahmedabad in Atrocity Criminal Case No. 12 of 1999, which was tried for the offence under Sections 323, 506 of the Indian Penal Code (herein after referred to as IPC for short) and Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 ("the Act" for short) against the appellant. By the impugned judgment, the appellant was acquitted for the offence under Section 3(1)(x) of the Act and Section 506 of IPC, however was held guilty for the offence under Section 323 of IPC and at the time of considering the imposition of sentence, the learned Special Court, instead of imposing any sentence, gave the benefit of probation under Section 360 of the Criminal Procedure Code and the Probation of Offenders Act. The appellant was directed to give bond of Rs.5000/- for good behavior and furnish a bail for the said amount. The appellant was further directed that he shall not commit any offence during the period of one year and shall maintain the peace.

(2.) As per the prosecution version, at the relevant time, the complainant was serving as Manager of State Bank of India, whereas present appellant-accused was serving as Clerk in I.O.R. Department. On 18.11.1998 at about 1.45PM, the accused took up a quarrel for peon and gave kick & fist blows on cheek and abdomen of the complainant and also uttered abusive words concerning the caste and community of the complainant. Thereby, the appellant committed an offence punishable under Sections 506 and 323 of the Indian Penal Code and Section 3(1)(x) of the Act.

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