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2022 Supreme(Guj) 1277

ASHOKKUMAR C. JOSHI
State of Gujarat – Appellant
Versus
Vaghabhai Danabhai Sangadiya, Bharvada – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Ms Jirga Jhaveri, APP

JUDGMENT :

1. Heard learned Additional Public Prosecutor Ms. Jirga Jhaveri for the appellant – State.

2. The State has filed this acquittal appeal challenging the judgment and order dated 11.08.2010 passed by the learned Additional Sessions Judge, Fast Track Court No. 1, Bhavanagar in Sessions Case No. 13 of 2007 for the offences punishable under Sections 323, 504, 506 (2) and 114 of the Indian Penal Code, under Sections 183 and 184 of the Village Panchayat Act and under Section 3 (1) (10) of the Schedule Caste and Schedule Tribes (Prevention of Atrocities) Act.

3. The brief facts of the case are that on 03.12.2006 at about 4:00 p.m. when complainant was in his agriculture field, present respondents-accused had entered into the agricultural field of complainant with cattle and thereby caused damage to the crop of complainant. However, upon asked to them by the complainant, accused got excited and started to give abuse and insulted the complainant and in furtherance gave fist blows and also caused injuries with stick and insulted caste of complainant and humiliated him in public place. The complaint was lodged, investigation was carried out, Panchnama was drawn and statements of the wi

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