State Of Gujarat vs Gohil Mahendrasinh Ajitsinh

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Guj) 881

RAJENDRA M. SAREEN
State Of Gujarat – Appellant
Versus
Gohil Mahendrasinh Ajitsinh – Respondent

Advocates:
Advocate Appeared:
For the Petitioner: Ms.Asmita Patel, learned APP
For the Respondent:Mr.Kishor Barot, learned advocate for MR. Hardik A. Dave, learned Advocate

JUDGMENT :

1. Criminal Appeal No.396 of 2013 has been filed by the appellant – State of Gujarat and Criminal Appeal No.875 of 2013 has been filed by the appellant – original complainant challenging the judgement and order dated 14/12/2012 passed by the learned Special Judge and 2nd Additional Sessions Judge, Bhavnagar in Special (Atrocity) Case No.44 of 2009 whereby the learned Judge has acquitted the accused / respondent Nos.1 to 8 from the offence punishable under sections 504, 506(2) and 114 of Indian Penal Code, under section 135 of Bombay Police Act and under section 3(1)(10) of the Prevention of Atrocities Act.

2. Brief case of the prosecution is that the complainant has alleged in the complaint that Accused No. 1 to 4 on 13/06/2009 were making a thorn boundary in the back side of the complainant house and complainant had asked them not to make that thorn boundary due to which Accused persons got angry and had ran with Dhariyu, Lakdi, Khuhadi to beat Complainant and had abused on caste and threatened him and complainant had gone inside the house than accused No. 5 to 8 had come and threatened the complainant and therefore on 29/06/2009 complaint is given by complainant against