Rajesh H. Shukla, J. - (1.) The present appeal is directed against the impugned judgment and order rendered in Atrocity Case No. 32 of 2008 by the learned Addl. District and Sessions Judge, Vadodara, dated 24.6.2011, recording acquittal of the appellants accused persons for the offences under sections 143, 147, 148, 323, 447, 447, 504, 506(2) of IPC and under section 135 of the Bombay Police Act and also for the offence under the Atrocities Act, however, recording conviction for the offence under Section 149 of I.P.C. and imposing sentence as stated in detail in the impugned judgment.
(2.) The facts of the case, briefly summarised, are as follows: 2. 1 On 1.3.2007 at about 8 p.m., when the complainant victim was at home, one Mehul Solanki and his friend are said to have come to the house of the complainant victim and abused her insisting to vacate the premises and had given abuses with regard to the caste. At that time, when they were abusing, the appellants accused persons, respective fathers of those two persons and one Gangaben and the daughter in-laws are said to have come and threatened her that if she does not vacate the premises she may be killed. It is also stated that she was dragged outside in the court-yard and was given kick and fist blows and the appellants accused persons were armed with weapons as stated in detail in the complaint. Therefore, an FIR being C.R. No. 87/2007 came to be registered with J.P. Road Police Station, Vadodara City. 2. 2 On the basis of the aforesaid FIR, the investigation was made and ultimately it culminated into Atrocity Case No. 32/2008. As the offences are triable under the Atrocities Act it was tried by the Addl. District and Sessions Judge, Vadodara. 2. 3 After recording of the evidence of the prosecution witnesses was over, Further Statement of the accused persons under Section 313 of Cr.P.C. was also recorded. 2. 4 After hearing the learned APP as well as the learned advocate for the defence, the court below recorded conviction of the appellants accused for the offence under Section 149 of I.P.C. while acquitting them for the rest of the offences as stated in detail including the offence under the Atrocities Act and the sentence was imposed for the offence under Section 149 of I.P.C. 2. 5 It is this judgment and order which has been assailed by the appellants in the present appeal on the grounds stated in detail in the memo of appeal.
(3.) Heard learned advocate Shri BS Patel for the appellants-accused and learned APP Ms. Hansa Punani.;