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2022 Supreme(Guj) 838

State of Gujarat – Appellant
Versus
Mavjibhai Shakrabhai Solanki – Respondent


Advocates appeared:
C.M.Shah, Advocate

JUDGMENT :

Ashokkumar C. Joshi, J.

1. Heard learned APP Ms. C.M. Shah for the appellant-State at length.

2. The State has filed this acquittal appeal challenging the judgment and order dated 11.1.2008 passed by the learned Additional Sessions Judge and Fast Track Judge, Gandhinagar in the Sessions Case No. 81 of 2006 for the offences punishable under Sections 323, 504, 506(2) and 114 of the Indian Penal Code.

3. The brief facts of the case are that when the complainant was present at his home on 11.07.1999, at about 4:00 O'clock, at that time one truck came for delivering metal stones, as the construction work was going on at the nearby plot of the complainant. That, the truck delivered the metal stones in the open plot, without any conversation with the complainant, at that time, the present respondents-accused suddenly came, got excited and asked the complainant as to why the metal stones were delivered there, in response, the complainant told that he did not know anything. That, thereafter, the accused No. 1 started giving abuses and on hearing this, the accused Nos. 2 and 3 also came there and started giving abuses to the complainant. That, as the daughter of the complainant also c

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