STATE OF GUJARAT Vs. KANUBHAI KADVABHAI THAKARDA
LAWS(GJH)-2015-1-99
HIGH COURT OF GUJARAT
Decided on January 09,2015

STATE OF GUJARAT Appellant
VERSUS
Kanubhai Kadvabhai Thakarda Respondents




JUDGEMENT

K.J.THAKER, J. - (1.)BY way of this appeal, the appellant State has challenged the judgment and order of the learned Additional Sessions Judge, Sabarkantha at Himmatnagar dated 18.09.1995 rendered in Sessions Case No.86 of 1994, whereby the learned Trial Judge acquitted the original accused the opponents herein for the alleged offences.
(2.)THE brief facts of the case of the prosecution, as set out before the learned Trial Court, read as under:
2.1 On 07.08.1994, at about 3:00 hours, when complainant -Babubhai was passing by the house of Ramanbhai Jivabhai Prajapati, situated at Karcha Village, at that time, accused no.1 Kanubhai passed from there driving a truck bearing registration No.GJ.RN.5150 rashly. That on telling the accused to drive the vehicle slowly as he was driving the truck rashly the accused no.1 got down from the truck and slapped the complainant and also uttered words affecting the caste of the complainant. The other accused also got down and gave foul abuses to the complainant and also beaten him. They also took the complainant forcefully with them in the truck and left him near Limbi (Tran Rasta). Therefore, on 08.08.1994, at about 13.30, the complainant lodged the complaint at Shamlaji 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 learned Additional Sessions Judge, Sabarkantha, which was, thereafter, numbered as Atrocity Sessions Case No.86 of 1994. Since the opponent did not plead guilty and claimed to be tried, he were tried for the alleged offences.
At the time of trial, in order to bring home the charges leveled against the original accused, the prosecution examined 9 witnesses as well as the prosecution also produced 19 documentary evidences.



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