LAKHABHAI GAJABHAI RABARI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) At the time of dictation of the order, Mr.Vijay Nangesh, learned advocate for the appellants does not press the appeal qua appellants No.1 and 2. The appeal qua appellants No.1 and 2 stands disposed of as not pressed.

(2.) This is an appeal under Section 14(A)(2) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act (hereinafter referred to as "the Atrocity Act" for short) at the instance of the appellants - original accused for the regular bail in connection with the FIR being C.R.No. I - 37/2018 registered with Vav Police Station, District: Banaskantha for the offences under Sections 392, 323, 294(b), 506(2) and 114 of the Indian Penal Code and Section 3(2)(v) of the Atrocity Act.

(3.) The case of the prosecution in nutshell is that the alleged FIR came to be lodged by one Lalabhai Ranabhai Gohil, respondent No.2 on the allegation that on the date of occurrence, when he was going on his motorcycle, at that time, the present accused standing there and stopped his motorcycle and appellant No.1 told him that why no commission for preparing toilet has been given to him and at that time, he told that this is a government work and, therefore, there is no question of giving any commission to anybody and due to which Lakhabhai Gajabhai Rabari, appellant No.1 excited and he snatched him from the motorcycle and used abusive language to his caste and at that time, appellant No.2 - Sureshbhai Panchabhai Rabari has also beaten the complainant with stick and due to that he got injury. It is also submitted that appellant No.3 has snatched away his golden ring. On such filing of the FIR, the accused were arrested.