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2016 Supreme(Guj) 286

M.R.SHAH, MOHINDER PAL
State of Gujarat – Appellant
Versus
Munna – Respondent


Advocates Appeared:
For Appellant/Petitioner/Plaintiff: Moxa Thakkar, Additional Public Prosecutor
For Respondents/Defendant:Manraj A. Barot, Advocate

JUDGMENT

M.R. Shah, J.

1. Feeling aggrieved and dissatisfied with the impugned judgment and order of acquittal dated 12.05.2006 passed by the learned Additional Sessions Judge (Fast Track Court No. 3), Bharuch, Camp at Ankleshwar (hereinafter referred to as "Special Court") in Special Atrocity Case No. 23/2005 by which the learned Special Court has acquitted the respondent herein - original accused for the offence punishable under section 302 of the Indian Penal Code, 1860 (hereinafter referred to as "IPC") and section 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as "Atrocity Act"), the State has preferred the present Criminal Appeal.

2. The prosecution case in nut-shell is as follows:--

"2.1 That one Amratbhai Jamshubhai Vasava of village Jinal had filed the complaint with Ankleshwar Rural Police Station on 15.03.2006 against the respondent herein - original accused under section 302of the IPC and section 3(2)(v) of the Atrocity Act. It was stated in the said complaint that on that day the complainant was inform












































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