STATE OF GUJARAT vs RABARI MAFABHAI RUGNATHBHAI

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(Guj) 1246

RAJENDRA M. SAREEN
STATE OF GUJARAT – Appellant
Versus
RABARI MAFABHAI RUGNATHBHAI – Respondent

Advocates:
Advocate Appeared:
For the Appellant : C.M. SHAH.
For the Respondents: RHEA CHOKSHI, TEJAS M. BAROT.

JUDGMENT :

RAJENDRA M. SAREEN, J.

1. Present Criminal Appeal has been preferred by the appellant-State of Gujarat under Section 378 of the Criminal Procedure Code, 1973 against the judgment and order dated 11.02.2011 passed by the learned Additional Sessions Judge, Deesa in Special (Atrocity) Case No. 10 of 2010 acquitting the respondent Nos. 1 to 3-original accused Nos. 1 to 3 from the offence punishable under sections 447, 504, 506(2) and 114 of Indian Penal Code and under section 3(1)(10) of Scheduled Caste and Scheduled Tribes (Prevention of Atrocity) Act (hereinafter referred to as “the Atrocity” Act).

2. The crux of the case of the prosecution is as under:

The complainant-Mafabhai Rakhabhai Meghval (Harijan) lodged the complaint that on 19.7.2009 at about 12 O’clock when he was in was in his agricultural field, Rabari Mafabhai Rugnathbhai, Mevabhai Pujabhai Rabari came with sticks and Lakhabhai Rugnathbhai Rabari came with axe with materials to construct shed and they started to construct a shed near the well and therefore, the complainant asked them that why they are constructing shed in his field and in reply they said that before four years they have purchased his land from hi