STATE OF GUJARAT Vs. JAGO @ JAGDISH DAYABHAI & 3
LAWS(GJH)-2016-9-148
HIGH COURT OF GUJARAT
Decided on September 29,2016

STATE OF GUJARAT Appellant
VERSUS
Jago @ Jagdish Dayabhai And 3 Respondents

JUDGEMENT

- (1.) The appellant State of Gujarat has preferred the present appeal under section 378(1) (3) of the Code of Criminal Procedure, 1973 against the judgment and order of acquittal dated 19.8.2006 rendered by learned Presiding Officer, 3rd Fast Track Court, Junagadh in Sessions Case No.28 of 2005.
(2.) The short facts giving rise to the present appeal are that on 29.3.2004 when the complainant was unloading the gravel from the tractor at Manpur Main Bazar, accused No.1 told the complainant not to unload the same near his house and started abusing the complainant. It is alleged that accused No.1 caught hold the complainant and pull down him and hence, the chain was also lost. It is alleged that other accused persons also came there and started to abuse the complainant and beaten him. Hence, the complaint came to be lodged against the respondents accused.
(3.) In pursuance of the complaint, the Investigating Officer carried out the investigation and filed the chargesheet against the respondents accused. The charge was framed against the accused. The accused pleaded not guilty to the charge and claimed to be tried. 3.1 In order to bring home the guilt, the prosecution has examined several witnesses and also produced documentary evidences. 3.2 At the end of the trial, after recording the statements of the accused under section 313 of the CrPC and hearing the arguments on behalf of the prosecution and the defence, learned trial Court delivered the judgment and order, as stated above.;


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