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2022 Supreme(Guj) 1682

ASHOKKUMAR C. JOSHI
Janakbhai @ Alpeshbhai Mafatbhai Rabari – Appellant
Versus
State Of Gujarat – Respondent


Advocates Appeared:
For the Appellants : Mr. Vijay H. Nangesh,
For the Respondent: Jigneshkumar M. Nayak, Mr. Chintan Dave.

JUDGMENT :

1. Present appeal under Section 374 of the Criminal Procedure Code, 1973 (for brevity, “the Code”) is directed against the judgment and order dated 20.11.2017, passed by the learned 3rd Additional Sessions Judge/Special Judge, Anand in Special (Atrocity) Case No. 15 of 2015, whereby, the appellants – original accused came to be convicted for the offence punishable under Sections 323 r/w. 114 of the Indian Penal Code, 1860 (for brevity, 'the IPC') and sentenced to undergo rigorous imprisonment (RI) for one year and a fine of Rs.1,000/- each and in default of payment of fine, to undergo further RI for three months. However, the appellants - accused came to be acquitted of the offences punishable under Sections 504, 506(2), 427 r/w. 114 of the IPC and Sections 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for brevity, “the Atrocity Act’). Accordingly, the present appeal has been filed by the appellants – original accused against conviction.

2. Brief facts of the prosecution case are that on 19.07.2014 at about 6:30 p.m. when complainant – Mehulkumar Jayantilal Jadav was at home, accused No. 1 - Janakbhai @ Alpeshbhai Mafatbhai Rab

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