STATE OF GUJARAT Vs. PATEL KANUBHAI SOMABHAI

JUDGEMENT

(1.) BY way of this appeal, the appellant State has challenged the judgment and order of the learned Special Judge (Atrocity), 4th Fast Track Court, Mehsana dated 31.05.2004 rendered in Special (Atrocity) Case No.39 of 2003, whereby the learned Trial Judge acquitted the original accused opponents herein of the charges for the alleged offences.

(2.) THE brief facts of the prosecution case are that the complainant is the resident of Village Chadasna and accused nos.1 and 2 are possessing shop situated at the corner of Harijan Vas of Village Chadasna. Further, accused no.3 used to come to seat at the shop of the accused. It is further case of the prosecution that two months prior to the incident, the sister of the complainant had gone to bring some article at the shop of the accused, at that time, the accused teased her. It is further case of the prosecution that the complainant had rebuked all the accused. On the day of filing of the compliant i.e. on 22.01.2003, when the complainant was standing near Chadasna bus -stand at about 7:45 hours, all the accused armed with sticks approached the complainant. It is further case of the prosecution that they started giving foul abuses to the complainant by saying that as to why he had rebuked them earlier. They further uttered that "tu amaru koi todi shake tem nathi", so saying they uttered foul abuses to the complainant relating to his caste. It is further case of the prosecution that they further told the complainant "sala dheda tane to koi pan hisabe jivto raheva devano nathi". On saying so, they got existed and started inflicting sticks blows on both the thighs and on the legs of the complainant. It is further case of the prosecution that the complainant started shouting and also started running towards his house. Therefore, the accused followed him. However, as the persons of the village of the complainant came there, the accused fled away. Thereafter, the complainant filed the complaint being II C.R.No.11/2003 lodged with Vasai Police Station.

(3.) AFTER completion of the investigation, the chargesheet was filed before the learned Magistrate Court. As the case was exclusively triable by the Court of Sessions, learned Magistrate Court under Section 209 of the Code of Criminal Procedure, 1973 (for short "Cr.P.C.") committed the said case to the Court of Special Judge (Atrocity), 4th Fast Track Court, Mehsana, which was, thereafter, numbered as Special Case (Atrocity) No.39 of 2003. Since opponents -accused did not plead guilty and claimed to be tried, they were tried for the alleged offences.