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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SAMIR J. DAVE, J.
STATE OF GUJARAT – APPELLANT
Versus
MANILAL PARSOTTAMBHAI PANDYA – RESPONDENT
CRIMINAL APPEAL NO. 893 of 2008
Decided On : 03-12-2021
Code of Criminal Procedure, 1973 - Section 378(1)(3) and 313 - Atrocity Act - Section 3(1)(10) - Indian Penal Code, 1860 - Sections 323, 504, 506(2) and 427 – Criminal Intimidation and Grievous injuries – Appeal against Acquittal - Respondent accused got excited as regards repairing of work of pipe line of maholla and gave filthy absuses to complainant relating to his caste by using works like “sala chamadiya, bhangi, dheda’ with clear intention to insult complainant in public at large - Accused person has also given a slap as well as kick and fist blows to complainant and thereby caused injuries - At relevant point of time, Jayantibhai, Mahendra and Surendrabhai have also given kick and fist blows to complainant as well as torn off the cloths of the complainant and also caused serious injuries - Held, It is established that prosecution has not proved its case beyond reasonable doubt - Learned APP is not in a position to show any evidence to take a contrary view of matter or that approach of trial court is vitiated by some manifest illegality or that decision is perverse or that trial court has ignored material evidence on record - Court opinion that trial court was completely justified in acquitting respondent of charges leveled against him - Court finds that findings recorded by trial court are absolutely just and proper and in recording said findings, no illegality or infirmity has been committed by it - This Court is, therefore, in complete agreement with findings, ultimate conclusion and resultant order of acquittal recorded by court below and hence find no reasons to interfere with same - Appeal is hereby dismissed.
JUDGMENT :
1. The present appeal, under Section 378 (1)(3) of the Code of Criminal Procedure, 1973, is filed against the judgment and order of acquittal dated 13.09.2007 passed by the learned Sessions Judge, Godhra, District Panchmahal, in Special (Atrocity) Case No. 11 of 2007, whereby, the accused was acquitted for the offences under Sections 323, 504, 506(2) and 427 of the IPC and under Section 3(1)(10) of the Atrocity Act.
2. The facts of the prosecution case in brief are as under:
2.2 That on 06.09.2006 at about 9.00 am, the respondent accused got excited as regards repairing of work of pipe line of maholla and gave filthy absuses to the complainant relating to his caste by using works like “sala chamadiya, bhangi, dheda’ with clear intention to insult the complainant in public at large. The accused person has also given a slap as well as kick and fist blows to the complainant and thereby caused injuries. At the relevant point of time, Jayantibhai Balmukund Shukla, Mahendra Kalidas Pandya and Surendrabhai Ishwarbhai Pandya have also given kick and fist blows to the complainant as well as torn off the cloths of the complainant and also caused serious injuries. In the meantime, the prosecution witness Ramabhai Kanabhai came to the place of incident and save the complainant from further beating. The accused also administered threat to cause death of complainant. Hence, the complainant lodged the complaint.
2.3 Necessary investigation was carried out and statements of witnesses were recorded. Ultimately, charge-sheet was filed before the Court of learned Chief Judicial Magistrate, Lunawada.
2.4 As the case was exclusively triable by the Sessions Court, the same was committed to the Court of learned Special Judge, Panchmahal under Section 209 of Cr.P.C. The case was numbered as Atrocity Case No.11 of 2007. The trial was initiated against the respondents-accused
2.5 To prove the guilt against the accused the prosecution has examined the following witnesses:
| P.W.1 | Valabhai Rupabhai Chamar | Exh.5 |
| P.W.2 | Hirabhai Nathabhai | Exh.8 |
| P.W.3 | Lalabhai Udabhai Malivad | Exh.9 |
| P.W.4 | Shanabhai Khanabhai Chamar | Exh.10 |
| P.W.5 | Ramabhai Kanabhai Chamar | Exh.11 |
| P.W.6 | Dineshchandra Hirabhai Solanki | Exh.12 |
| P.W.7 | Karansinh Mansinh | Exh.13 |
| P.W.8 | Dr. Iswarbhai Dalabhai Makwana | Exh.14 |
| Exh.9 | Kalidas Devabhai | Exh.17 |
| Exh.10 | Jashwantkumar Ramjibhai | Exh.19 |
| Exh.6 | Complaint |
| Exh.7 | Caste certificate |
| Exh.15 | Valabhai’s M.L.C. |
| Exh.18 | Panchanama of Shirt as Muddamal |
| Exh.20 | Office copy of paper of Social Welfare Department |
| Exh.21 | Panchnama of Scene of Offence |
2.8 Being aggrieved and dissatisfied with the aforesaid judgement and order passed by the Sessions Court the appellant-State has preferred the present appeal
3. Mr. Dharmesh Devnani, learned APP, submitted that the judgement and order of the Special Judge is against the provisions of law. The Special Judge has not properly considered the evidence led by the prosecution and looking to the provisions of law itself, it is established that the prosecution has proved the whole ingredients of the evidence against the respondent accused. Learned APP has also taken this Court through the oral as well as the enti
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