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1969 Supreme(Guj) 83

N.G.SHELAT
STATE OF GUJARAT – Appellant
Versus
VAGHARI MOHAN BANA – Respondent


Advocates Appeared: DEVANG T.SHAH, K.M.CHHAYA, Y.B.BHATT

N. G. SHELAT, J.

( 1 ) AT about 9-00 a. m. on 25-3-69 the accused was found grasing his goats in the field of the complainant Patel Kevaldas Ugardas of Varevada and thereby he caused damage to the extent of Rs. 15. 00. The accused was further alleged to have rescued two goats when the complainant was taking them away to the cattle pound. The complaint was lodged at the Kakosi Police Station. After finishing the investigation of the case charge sheet against the accused was sent up to the Court of Judicial Magistrate First Class Sidhpur for offences under secs. 161 and 162 of the Gujarat Panchayats Act.

( 2 ) WHEN the accused was produced before the learned Magistrate on 5-4-69 he was found to be deaf and dumb. He was therefore sent to the Sidhpur Hospital for his examination. That report showed that he had congenital defects of hearing and speach contre. On 23-5-69 the complainant and the accused presented a composition in respect of the said offences. That composition was rightly not allowed by the learned Magistrate as the offences were not compoundable. Then it appears that a separate statement in writing under the thumb impression of the accused wherein be admitted to have commi







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