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2021 Supreme(Guj) 646

ASHOKKUMAR C.JOSHI
STATE OF GUJARAT – Appellant
Versus
DHIRUBHAI EBHALBHAI MAYADA AHIR – Respondent


Advocates Appeared:
For the Appellant : MR NARENDRA L JAIN, MS. JIRGA JHAVERI
For the Respondent: MR JM BAROT

JUDGMENT :

1. Present appeal has been filed by the appellant – State under Section 378(1)(3) of the Code of Criminal Procedure, 1973 challenging the judgment and order dated 27.8.2007, passed in Special Atrocity Case No. 4 of 2004 by the learned Additional Sessions Judge, Fast Tract Court No.5, Bhavnagar, Camp at Mahuwa Presiding Officer, Fast Track Court No. 15, Vadodara, recording the acquittal of the Respondents (original accused persons).

2. The facts, in brief, are that the offence being C.R. No. I- 139/2003 came to be registered with Alang Police Station for the offence under Sections 323, 447, 504, 506 (2) and 114 of the Indian Penal Code and under Section 3(1)(10) of the Atrocity Act. The said complaint was addressed by the complainant to the District Superintendent of Police, Bhavnagar on 18.12.2003. It is disclosed in the complaint that the complainant and the accused persons are from the same village. The Respondent – Accused No.3 is the brother of the Sarpanch, the Respondent Accused No.1 is the brother of Vice Sarpanch and the Respondent – Accused No.4 is the cousin brother of the Sarpanch. It is further disclosed in the complaint that the son of the complainant got admi

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