State of Gujarat vs Trikambhai Mohanbhai Patel

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(Guj) 1275

ASHOKKUMAR C. JOSHI
State of Gujarat – Appellant
Versus
Trikambhai Mohanbhai Patel – Respondent

Advocates:
Advocate Appeared:
For the Appellant : Mr. J.K.Shah, APP

JUDGMENT :

1. The present Appeal is directed against the impugned judgment and order in Special Case No. 20 of 2005 by the learned Additional Sessions Judge and Special Judge, Dhrangadhra dated 8.1.2008 recording the acquittal of the Respondents/Original Accused for the charges under Sections 504, 506(1) and 114 of the Indian Penal Code and Section 3(1)(10) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 (hereinafter referred to as “the Atrocities Act”).

2. The facts of the case briefly are that complainant – Chaturbhai Motibhai, who is residing at Soldivala, lodged a complaint before the Dhrangdhra Taluka Police Station being CR No. II-23/05, against the accused persons for the offences punishable under Sections 504, 506(2) of the Indian Penal Code and Sections 504, 506(2) of IPC and Section 3(1)(10) of the Atrocities Act. The prosecution case is that on 10.4.2005, at about 22:00 hours, accused persons took the soil from the field of complainant and when complainant saw it and denied for the same, the accused persons got provoked and gave filthy abuses to the complainant and also threatened him to kill. The accused persons insulted him by giving filth