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2022 Supreme(Guj) 605

ASHOKKUMAR C. JOSHI
State Of Gujarat – Appellant
Versus
Rajendrakumar Kantilal Chauhan – Respondent


Advocates:
Advocate Appeared:
For the Appellant : MS JIRGA JHAVERI, Adv
For the Respondent: MS SWETA LODHA for MR VIRAT G. POPAT, Adv.

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 13.04.2007, passed in Special Case No.82 of 2006 by the learned Additional Sessions Judge, Fast Track Court, Deesa, recording the acquittal.

2. Facts, in brief, are that on 14.04.2006 when complainant - Kantibhai Vashrambhai Parmar was at Deesa Court, the respondent - original accused, a practicing Advocate, demanded fees from his relative namely Chhaganbhai Ajabhai and also asked them to fetch stamp papers, and thereafter, further demanded Rs.500/-. It is further the case of the prosecution that, on further demand of Rs.500/- being made, the younger brother of the complainant denied the same saying that his father-in-law (Chhaganbhai Ajabhai) had already paid the amount. Due to which, the respondent - accused got infuriated and slapped the younger brother of the complainant. He also slapped the complainant who tried to free his younger brother and also gave them filthy abuses of their caste. He also raised his hand against witness Dashrathbhai jivanbhai who intervened. The accused also threatened the complainant

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