STATE OF GUJARAT Vs. GHANSHYAMPURI @ CHAKAPARI AMARPARI GAUSWAMI
LAWS(GJH)-2016-7-261
HIGH COURT OF GUJARAT
Decided on July 18,2016

STATE OF GUJARAT Appellant
VERSUS
Ghanshyampuri @ Chakapari Amarpari Gauswami Respondents

JUDGEMENT

- (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 Police Station.
(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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