- (1.)This revision has been filed by the original complainant under Section 397 read with Sec.401 of the Code of Criminal Procedure seeking to quash and set aside judgment and order dated 27- 2-2008 passed by the learned Principal District Judge in Special (Atrocity) Case No.30 of 2007 whereby the respondent No.1-original accused was acquitted of the charges levelled against him.
(2.)Short facts leading to present revision are that a complaint was filed by the applicant-original complainant before Ravpura Police Station alleging that on 16-7-2002 at about 1.00 p.m. when the complainant was standing on the road near Vadodara Telephone Exchange, the respondent No.1-accused gave filthy abuses keeping vengeance of earlier election quarrel and also caused injuries on his head. The complaint was registered for the offences punishable under As the offence of Atrocity Act alleged against the accused was exclusively triable by the Court of Sessions, case was committed to the District Court and Sessions Court, Vadodara, by the learned Judicial Magistrate (First Class), Vadodara, under of Cr.P.C. Charge was framed against the accused. The accused denied the charges and claimed to be tried. After hearing the learned advocates appearing for the respective parties, the learned Principal District and Sessions Judge, Vadodara, at the end of trial acquitted the accused of the charges. Being aggrieved by the said acquittal, the original complainant preferred this revision.
(3.)Heard learned advocates, Mr.L.R.Mokaria for the applicant-original complainant, Mr.N.K.Majmudar for the respondent No.1-original accused and learned APP, Mr.L.R.Pujari for the respondent No.2-State. This Court has also gone through the judgment and order of acquittal recorded by the learned Sessions Court.