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2011 Supreme(Guj) 661

BANKIM N.MEHTA
State of Gujarat – Appellant
Versus
Rajuji Jagsiji Thakore – Respondent


Advocates:
Ms. C.M. Shah, APP, for the Appellant No. 1.
Notice Served, for the Opponents Nos. 1 - 3.

Judgment

Bankim N. Mehta, J.—The appellant State has preferred this appeal under Section 378 of the Code of Criminal Procedure, 1973, and challenged the judgement and order of acquittal passed by learned Additional Sessions Judge, Palanpur, on 15.1.1993 in Special Case No. 75 of 1992 acquitting the respondent-accused for the offences punishable under Sections 324, 114 and 504 of the Indian Penal Code and under Section 3(1)(x) of The Scheduled Castes and The Scheduled Tribes (Prevention of Atrocities) Act, 1989 (“the Atrocities Act” for short).

2. According to the prosecution case, on 13.1.1992 at about 20 hours accused No. 1 Rajuji and accused No. 2 Visaji caught hold of injured Ishwar Mansang and accused No. 3 Chenaji Rajuji caused injury with dhariya on his head. It was also the prosecution case that accused intentionally insulted the injured intending that such provocation will cause him to break public peace. It was also the prosecution case that the accused intentionally insulted the injured being a member of a Scheduled Caste in public place within public view.

3. On the basis of F.I.R. lodged by injured Ishwar Mansang before Deodar Police Station on 14.1.1992, offence was regi












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