AJAYSINH RAJENDRASINH ZALA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The appellant has preferred the present appeal under Section 374 of the Code of Criminal Procedure against judgment and order dated 24.04.2018 passed by learned Special Judge and 3rd Additional Sessions Judge, Nadiad in Special Atrocity Case No. 1 of 2017, convicting him for the offence punishable Sections 323, 504 of the Indian Penal Code and Sections 3(1) (R)(S) and 3(2)(5-A) of the Prevention of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

(2.) As per the prosecution version, the complainant - Manubhai Vaghela was the Manager of the Transport Company run by Prosecution witness No.3 - Bipinchandra Malkana. It is the case that on 10.09.2015 at about 11.00 AM, the complainant visited the Police Station at Kheda for lodging the complaint in respect of theft of gas cylinders, where the appellant - accused was holding the post of Police Sub Inspector and at that time, as there were some altercations in respect of lodging the complaint between the accused and the complainant, the accused uttering derogatory words concerning the caste & community of the complainant, assaulted him over his face, head and chest by giving 15-20 kick & fist blows. Thereby, the appellant - accused committed an offence punishable under Sections 323, 504 of IPC and Sections 3(1)(R)(S) and 3(2)(5-A) of the Atrocities 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 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.