(1.) Present appeal has been filed by the appellant - State under Sec. 378(1)(3) of the Code of Criminal Procedure, 1973 challenging the judgment and order dtd. 25/8/2004, passed in Special Court Criminal Case No. 204 of 1999 by the learned Sessions Judge, Ahmedabad (Rural), recording the acquittal.
(2.) The facts, in brief, are that complainant - Ukabhai Galabhai Senva lodged a complaint before the Sanand Police Station, District: Ahmedabad (Rural) against the respondents for the offences punishable under Ss. 323, 325, 504, 506(2) and 114 of the Indian Penal Code, 1860 and Ss. 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 stating therein that on 14/5/1999 when his daughterin-law (wife of his son) had gone to washing the clothes and her children were playing there, at that time, the original accused No. 2 - respondent No. 2 herein, allegedly gave filthy abuses to them to which, his daughter-in-law resisted and thereafter, with the help of one Bhikhabhai, a member of panchayat, tried to persuaded him, keeping grudge of which, on next day i.e. on 15/5/1999 at about 8:00 a.m., near Gohil Vas, the original accused No. 1 met him and fell him down; the original accused No. 2 came with a wooden stick and assaulted him on different parts of the body and also abused him of his caste and the complainant could be saved with the intervention of others. However, when the complainant was being taken to the home of one Kanubhai Popatbhai, at that time, the original accused No. 3 came there with a wooden stick and assaulted him. Thereafter, when the complainant was at Kanubhai's home, the original accused Nos. 4 and 5 came there with Spear and Rake and started abusing the complainant loudly, abused him of his caste and asked to send out the complainant and therefore, Kanubhai Popatbhai and others persuaded them and sent them back. Thus, respondents committed the offence in question for which, FIR came to be registered against them.
(3.) By an order dtd. 5/10/2021, the appeal against the respondent No. 4 - original accused No. 4 is abated.
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