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1997 Supreme(Guj) 90

H.L.GOKHALE, N.J.PANDYA
LALUBHA KESHRISINH GARASIA – Appellant
Versus
STATE – Respondent


Advocates Appeared: A.R.Thakkar, H.D.VASAVADA, S.R.DIVETIA

N. J. PANDYA, J.

( 1 ) ALL the three appeals arise out of a judgment given in special Case No. 29 of 1991 of the Court of learned Sessions Judge, Surendranagar which came to be tried by him as a Special Judge in his charge as The Scheduled castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 was involved. The main charge, no doubt, was under S. 302 of I. P. C. read with S. 34 as also under S. 307 read with S. 34 of the I. P. C.

( 2 ) THE incident happened on 29-4-1991 at about 11-30 a. m. in Malar Chowk area of Surendranagar town. The prosecution witnesses and the victim of the crime all belonged to Harijan community and the accused are either Muli or Rajputs. They are armed with weapons like Dharia, stick, sword etc. and at the aforesaid place and time they assaulted the prosecution witnesses, one of whom died and another arising out of Judgment in Special Case No. 29 of 1991 passed by Sessions Judge, surendranagar. received serious injuries. The surviving injured witnesses are Jairambhai Valabhai and Jethabhai Valabhai. The person lost life is Khushal Manji. Complaint came to be given by one of the injured witnesses, Jethabhai Valabhai. The reason for the incident is s














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