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2025 Supreme(Guj) 963

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
S.V. PINTO
State of Gujarat – Appellant
Versus
Patel Jivanbhai Polabhai – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Jirga Jhaveri

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 28.10.2009 in Special Atrocity Case No.23 of 2009 passed by the learned Special Judge (Atrocity), Mehsana (hereinafter referred to as ‘the Trial Court’), whereby, the Trial Court has acquitted the respondents – accused from the offences punishable under Sections 323, 504, 506(2) and 114 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’) and Section 135 of the B.P.Act. The respondents are hereinafter referred to as ‘the accused’ as they stood in the rank and file 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 29.10.2008 at around 2:00pm, the complainant Popatbhai Kanjibhai Senma residing at Narsinhpura came to the accused No.1 and demanded for an amount of compensation for the damage caused to th

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