State Of Gujarat vs Rajeshbhai Ramubhai Patel

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(Guj) 861

ASHOKKUMAR C. JOSHI
State Of Gujarat – Appellant
Versus
Rajeshbhai Ramubhai Patel – Respondent

Advocates appeared:
Jirga Jhaveri, Suraj Matieda, P.P.Majmudar, Shivangi M.Rana, Advocates

JUDGMENT :

1. At the outset, learned advocate Mr. Suraj Matieda for learned advocate Mr. P. P. Majmudar for the respondents states at the bar that respondent No. 6 - Jagdishbhai Hirabhai Patel has expired. Accordingly, the appeal is abated qua respondent No. 6.

2. This appeal is preferred by the appellant - State under Section 378(1) (3) of the Criminal procedure Code, 1973 (Code) against the judgment and order dated 31.03.2016 passed in Special (Atrocity) Case No. 18 of 2015 by the learned 7th (Ad-hoc) Additional Sessions Judge, Bardoli, Dist.: Surat, recording the acquittal of the respondents - original accused for the offence punishable under Sections 323, 504, 506(2), 143, 147 and 149 of the Indian Penal Code, 1860 (IPC) and Section 3(i)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as "the Atrocity Act").

3. Brief facts of the prosecution case are that on 26.12.2013, the respondents - accused allegedly took over the possession of the land belonged to Bhagubhai Chhitiyabhai Vasava, the complainant, and started a "Kola", a country made machine for manufacturing Jaggery and hence, the complainant asked them as to why th