STATE OF GUJARAT Vs. RAMESHBHAI BHEMABHAI SODHAPARMAR

JUDGEMENT

(1.) The State has preferred the present appeal for enhancement of the sentences and the amount of fine imposed by the learned Additional Sessions Judge of Kheda at Nadiad in Special Case No : 95/1997. The respondents accused were tried by Special Court for the offences punishable under Section 323, 504, 506(2), 114 and Section 3(1)(10) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989. According to the case of the prosecution, on 1 1/04/1997 at about 10.40 P.M., the accused persons had assaulted the victim and the victim was insulted in filthy language. One of them also uttered the words abusing the scheduled caste people. " (words quoted in vernacular language-Gujarati)"

(2.) After the incident, the complaint was lodged before the concerned police station and as investigating agency found that the accused can be tried by criminal court as they have committed the above referred offences and consequently, they were chargesheeted and tried by the learned Sessions Court at Nadiad. According to the case of the prosecution, accused Dabhai Motibhai Parmar had assaulted on lady PW Paniben Ramabhai with stick on her right hand and she had sustained injury. After considering the oral as well as documentary evidence including the medical certificate, the learned Sessions Judge held all these 3 accused guilty for the offence punishable under Section 504, 506(2), 114 and Section 3(1)(10) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The respondents Rameshbhai Bhemabhai and Dabhaibhai Motibhai and respondent No : 3 Amarsingh were also held guilty for the offence punishable under Section 323 of IPC for assaulting prosecution witnesses. It is also observed that this Amarsingh had also inflicted kick blow to prosecution witness Pushapaben. Considering all these documentary evidence, the learned Additional Sessions Judge convicted all the respondents - accused and sentenced them to undergo imprisonment till rising of the court and each of them were further ordered to pay the fine of Rs.1000.00 along with above TRC. As the respondents were given benefit of doubt for the offences allegedly committed under Section 504, 506(2), 114 and Section 3(1)(10) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989, no separate order of punishment was required to be passed.

(3.) The grievance of the State is that the accused persons ought to have been held guilty of the offence punishable under Section 504, 506(2) and Section 3(1)(10) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989, as the sentence awarded under Section 323 of IPC is inadequate and the same should be enhanced.