State of Gujarat vs Bhavesh Bhogilal Patel

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(Guj) 854

State of Gujarat – Appellant
Versus
Bhavesh Bhogilal Patel – Respondent

Advocates appeared:
Jirga Jhaveri, Manasvi Thapar, Moti P.Dabhi, Advocates

JUDGMENT :

1. Heard learned APP Ms. Jirga Jhaveri for the appellant - State and learned advocate Mr. Dannyson Macwan with learned advocate Manasvi Thapar for the respondent No. 1 at length.

2. The State has filed this acquittal appeal challenging the judgment and order dated 2.8.2007 passed by the learned Additional Sessions Judge, City Sessions Court, Court No. 8, Ahmedabad in the Atrocity Criminal Case No. 6 of 2007 for the offences punishable under Sections 323, 294(b) and 506(1) of the Indian Penal Code and Section 3(1)(10) of the Atrocity Act, 1989.

3. The brief facts of the case are that the complainant - Ramesh Dalabhai Chauhan belongs to Hindu Vankar community. That, the complainant is possessing a plastic industry for manufacturing plastic material and also doing job work in his plastic industry. That, the alleged accused Bhaveshbhai Patel is also possessing industries in Odhav area in the name and style of "M/s. Ami Plastic" and supplying raw material to the complainant. That, on 9.9.2003, at about 11:30 hours, the complainant had gone to the factory of accused and demanded money, at that time, Bhaveshbhai had told to the complainant to bring "Dies" as well as plastic materi