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2021 Supreme(Guj) 1006

SAMIR J.DAVE
STATE OF GUJARAT – Appellant
Versus
MANILAL PARSOTTAMBHAI PANDYA – Respondent


Advocates:
Advocate Appeared:
For the Appellant : MR DHARMESH DEVNANI
For the Respondent: MR Y S JOSHI

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:

    2.1 On 06.09.2006, a complaint was registered by Valabhai Punjabhai Chamar, who was discharging his duties as a “Sarpanch” of Village Bamrola. The respondent accused is a member of the Panchyat.

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 t

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