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2025 Supreme(GUJ) 447

HIGH COURT OF GUJARAT
SVP
THE STATE OF GUJARAT – Appellant
Versus
VITTHALBHAI JIVABHAI GONDALIYA – Respondent


Petitioner Advocates:PUBLIC PROSECUTOR(2) ,Respondent Advocate: MR LR PATHAN(2370)

JUDGMENT :

(S.V. PINTO, J.) 

1. This appeal has been filed by the appellant – State under Section 378(1)(3) of the Code of Criminal Procedure, 1973 (hereinafter referred to as ‘the Code’) against the judgment and the order dated 29.01.2007 in Special Atrocity Case No.15 of 2000 passed by the learned Additional Sessions Judge, Bhavnagar, Camp Mahuva (hereinafter referred to as ‘the Trial Court’), whereby, the Trial Court has acquitted the respondent – accused from the offences punishable under Sections 504 and 506(2) of the Indian Penal Code (hereinafter referred to as ‘the IPC’) and Section 3(1)(10) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as ‘the Atrocity Act’). The respondent is hereinafter referred to as ‘the accused’ as he stood in the original case, for the sake of convenience, clarity and brevity.

2. The relevant facts leading to filing of the present appeal are as under:

2.1. On 04.05.1999, the Additional Veterinary Officer from Rajkot had come to the house of Karimkhan Pathan for inquiry into the death of birds and as the complainant Arvindbhai Meghjibhai Vinjhuda came to know about the visit, he had gone to the

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