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2022 Supreme(Guj) 1267

ASHOKKUMAR C. JOSHI
State of Gujarat – Appellant
Versus
Ramjibhai Naranbhai Parmar – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Ms. Monali Bhatt, APP
For the Respondent: Mr. G.K. Vaghani on behalf of Mr Kandrap H Dholkia

JUDGMENT :

Ashokkumar C. Joshi, J.

1. Heard learned APP Ms. Monali Bhatt for the appellant – State and learned advocate Mr. G.K. Vaghani on behalf of learned advocate Mr. Kandrap Dholkia for the respondents at length.

2. The State has filed this acquittal appeal challenging the judgment and order dated 11.6.2010 passed by the learned Special Judge & Presiding Officer, Fast Track Court, Jamnagar in the Special Case No. 1 of 2009 for the offences punishable under Sections 504, 506(2) and 114 of the Indian Penal Code and Section 3(1)(10) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

3. The brief facts of the case are that the complainant Devabhai Somabhai Parmar put the electric shock through the wire in the farm of the accused no.2- Jagabhai jadavbhai and therefore, the son of the complainant viz., Sanjay received shock and died. That, therefore, the complainant lodged the complaint against the accused persons, and hence the accused persons requested the complainant to withdraw his complaint filed against the accused but the complainant did not agree with the accused persons. That, therefore, the accused got excited and abused by uttering obscene word

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