STATE OF GUJARAT Vs. GHANSHYAMPURI @ CHAKAPARI AMARPARI GAUSWAMI
HIGH COURT OF GUJARAT
STATE OF GUJARAT
Ghanshyampuri @ Chakapari Amarpari Gauswami
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(1.) This is an appeal preferred by the State of Gujarat, under Section 378 (3) of the Criminal Procedure Code, 1973,
against the judgment and order of acquittal dated 21.04.2005,
recorded by the learned 2nd Extra Assistant Judge, Veraval, in
Special Atrocity Case No.46 of 2003.
(2.) It is the case of the prosecution that on 11.6.2003 at about 19.00 hours, the complainant had gone for prayer at
Shiv Temple situated in Kandhi village, at that time, the
accused No.1 gave filthy abuses so as to instigate the
complainant and thereafter, the accused No.1 assaulted the
complainant by trishul on his head, while the accused No.2
had given knife blows to Pravinbhai, the son of the complaint,
who intervened in the said scuffle, trying to save the
complainant, whereas the accused No.3 said to have given the
kick and fist blows to said Prvainbhai and thereby, the
accused committed the offence as alleged against them, for
which a complaint for the offences punishable under Sections
323, 324, 504, 506(2) and 114 of the IPC and under Section 3 (1) (x) of the Schedule Castes and Scheduled Tribes
(Prevention of Atrocities) Act, 1989, was filed before the Una
(3.) In pursuance of the aforesaid complaint, the Police recorded the statements of the witnesses and after completion
of investigation, filed the charge -sheet which came to be
committed to the learned trial Court. After conclusion of trial
and hearing, the learned trial Court acquitted the accused -
respondents from all the charges levelled against them.
Therefore, the present appeal.
3.1 In order to bring home the guilt, the prosecution has examined 8 witnesses and also produced documentary evidences such as original complaint at Exh:13, Panchnama of scene of offence Exh:17, Medical Certificates at Exh:22 and 23, Caste Certificate at Exh:30, and Station Diary at Exh:34.
3.2 At the end of the trial, after recording the statement of the accused under section 313 of the CrPC and after hearing the arguments on behalf of the prosecution and the defence, the learned trial Court delivered the judgment and order, as stated above. ;
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