State of Gujarat vs Deepakbhai Govindbhai Vadodariya

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(Guj) 781

State of Gujarat – Appellant
Versus
Deepakbhai Govindbhai Vadodariya – Respondent

Advocates appeared:
Jirga Jhaveri, Advocate

JUDGMENT :

1. The present Appeal is preferred by the Appellant - State of Gujarat under Section 378(1)(3) of the Code of Criminal Procedure 1973, against the impugned judgment and order in Sessions Case No. 45 of 2004 by the learned Additional Sessions Judge and Presiding Officer, Fast Track Court No.7, Gondal at Dhoraji, dated 12.9.2007 recording the acquittal for the charges under Sections 323, 324, 504 of the Indian Penal Code, Section 3(1)(10) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 (hereinafter referred to as "the Atrocities Act") as well as under Section 37(1) and 135 of the B.P. Act.

2. The facts of the case briefly are that on 6.1.2002, PW-1 - Jayantibhai Kalabhai Harijan - the Complainant has filed a complaint against the Respondent - Deepakbhai Govindbhai Vadodaria - Original Accused in Dhoraji Hospital. It is the case of the prosecution that on 6.1.2002 at about 15:00 hours, while the complainant was passing through Harijanvas of village Bhola, the Respondent Accused Deepak Govindbhai Patel was standing with his vegetable lorry near Harijan Vas and at that time he has demanded vegetable of Rs.1/- on credit. The Respondent Accused Dee