State Of Gujarat vs Bharvad Bambhva Dalabhai Dhunabhai

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(Guj) 806

State Of Gujarat – Appellant
Versus
Bharvad Bambhva Dalabhai Dhunabhai – Respondent

Advocates appeared:
Chintan Dav, Advocate

JUDGMENT :

1. Though served, none appears for the respondents. The matter is old, of 2008. Hence, the Court proceeded with the matter.

2. This appeal is filed by the appellant - State under Section 378(1)(3) of the Code of Criminal Procedure, 1973 challenging the judgment and order dated 12.04.2007, passed in Special Case No. 9 of 2005 by the learned Presiding Officer and Additional Sessions Judge, Special Judge (Atrocity), Fast Track Court No. 1, Dhrangadhra, recording the acquittal.

3. Facts in brief are that on 20.08.2004, the respondents - accused, forming unlawful assembly and with a common object, as complainant Manabhai Virabhai asked them to keep their cattle out of the field, keeping grudge of the same, gave abuses to the complainant against his caste and then, beat him with stick and thus, committed the offence punishable under Sections 143, 147, 504, 323, 506(2) r/w. 114 of the Indian Penal Code, 1860 (IPC) and Section 3(i)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (Atrocity Act) and Section 135 of the Bombay Police Act, for which, FIR came be to registered against them.

3.1 Upon FIR being filed, investigation started and the Invest