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2024 Supreme(Guj) 310

VAIBHAVI D. NANAVATI
State Of Gujarat – Appellant
Versus
Raval Dashrathbhai Mafabhai – Respondent


Advocates:
Advocate Appeared:
For the Appellant : MR HARDIK SONI, ADDITIONAL PUBLIC PROSECUTOR
For the Respondent: MR.DARSHAN A. DAVE

JUDGMENT :

1. It appears that during the pendency of the present Appeal, the complainant has expired. The same has been noted by this Court vide order dated 11.09.2023.

2. By way of this Appeal, the Appellant – State has felt aggrieved by the judgment and order of acquittal dated 08.06.2007 passed by the learned Special Judge, Atrocity, Mahesana in Special Atrocity Case No.13 of 2007 whereby the respondents were acquitted for the offences punishable under Sections read with Sections 323, 504 and 506(2) of the Indian Penal Code (IPC), under Section 3(1)(10) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to in short as ‘the Atrocities Act’) and under Section 184 of the G.P. Act.

3. The case of the prosecution is as under :-

    2.1. On 28.07.2006, the accused persons left their cattle for grazing in the field of Vankar Backward Class Cooperative Agriculture Mandali bearing Survey No.179. At about 9.00 a.m. in the morning, when the complainant went into the field, he saw the cattle of the accused grazing in the field and therefore, rebuked the accused. It is alleged that hence, the accused No.1 and the accused No.3 got provoked, att

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