STATE OF GUJARAT vs MAHESHBHAI BALABHAI PARMAR

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(Guj) 1243

ASHOKKUMAR C. JOSHI
STATE OF GUJARAT – Appellant
Versus
MAHESHBHAI BALABHAI PARMAR – Respondent

Advocates:
Advocate Appeared:
For the Appellant : C.M. SHAH.
For the Respondent: MIHIR H. PATHAK.

JUDGMENT :

ASHOKKUMAR C. JOSHI, J.

1. Heard learned APP Ms. C.M. Shah for the appellant-State and learned advocate Mr. Mihir Pathak for the respondents at length.

2. The State has filed this acquittal appeal challenging the judgment and order dated 07.03.2012 passed by the learned Special Judge, 4th Additional Sessions Court, Nadiad in the Special (SC/ST) Case No. 27 of 2011 for the offences punishable under Sections 323, 504 and 114 of the Indian Penal Code and Section 3(1)(10) of the Atrocity Act, 1989.

3. The brief facts of the case are that on 19.6.2011 at about 9:00 O’ Clock, while the accused-Maheshbhai Balabhai Parmar was going to Bayad in his rickshaw bearing Registration No. GJ-7-VV-1269, at that time, the complainant was coming from Bayad to Village-Zer in his Pick Up Car bearing Registration No. GJ-7-UU-1779 on the road of Village-Narshinhpur both had come to opposite each other. That, the complainant had asked the accused to back his rickshaw, accused got excited and started to give fist blows on chest of the complainant and rest of the accused by taking defence of the said accused had also come and also gave kick and fist blows by giving filthy abuses and insulting his cas