Dajabhai vs Mancharam Dwarkadas Sadhu

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(Guj) 874

Dajabhai – Appellant
Versus
Mancharam Dwarkadas Sadhu – Respondent

Advocates appeared:
Chetan G.Bairwa, C.M.Shah, Advocates

JUDGMENT :

Rajendra M. Sareen, J.

1. Present Criminal Appeal has been preferred by the appellant-original complainant under Section 378 of the Criminal Procedure Code, 1973 against the judgment and order dated 21/01/2019 passed by the learned 7th Additional Sessions Judge, Anjar, Kachchh in Special (Atrocity) Case No. 28 of 2015 (Old Special (Atrocity) Case No. 4 of 2012 acquitting the respondent Nos. 1 and 2-original accused Nos. 1 and 2 from the offence punishable under sections 302 and 114 of Indian Penal Code and under section 3(2)(5) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocity) Act (hereinafter referred to as “the Atrocity” Act) and under section 135 of the Gujarat Police Act.

2. Facts of the case, in brief, are as under:

The complainant lodged the complaint alleging that from 06.10.2011 to 07.10.2011 during the time between 19.30 hours and 1.15 hours, the complainant had gone to the house of his mother situated at village Jatawada, Taluka Rapar, Kachchh after taking dinner and at her mother's house, his brother Karshanbhai, Nanjibhai and Rudo, his three sisters and his mother Laxmiben all were watching television and at about 9 O'clock at night, the compla