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2022 Supreme(Guj) 16

RAJENDRA M.SAREEN
STATE OF GUJARAT – Appellant
Versus
HARISANG VAJESANG RANA – Respondent


Advocates Appeared:
For The Appellant : MR RC KODEKAR APP.
For The Respondent: MR KIRTIDEV R DAVE, MR P B KHAMBHOLJA, MR RAHUL K DAVE

ORDER :

1. This Appeal is filed by the appellant under Section 372(1)(8) of the Criminal Procedure Code, 1973 against the judgment and order dated 30.08.2007 passed by the Special Judge, Bharuch in Special Atrocity Case No.7 of 2006 whereby the Special Judge has acquitted the respondents – original accused from the charges levelled against them for the offences under sections 323, 504, 506(2) and 114 of Indian Penal Code and under sections 3(1)(10) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities Act), 1989.

2. As per the case of the prosecution, the complainant Raghabhai Mathurbhai Vasava is residing at Hirakui (Ranipura), Taluka Amod, District Bharuch with his family. He was possessing 7 acres of land situated on both sides of Hirakui-Dadapor Road on the canal of village sim.

2.1. As the per the version of the prosecution for last 3 years since there is no water in the Hirakui Minor Canal, which is passing through the village sim, the complainant and other Agriculturist were getting water from the drainage situated near water canal with the help of Bak-nadi from the main canal. For getting water from the main canal, they used to dig the pit in the road during t

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