The court modified the conviction of the accused from attempted murder to causing grievous hurt, emphasizing the need for direct evidence in serious charges.

JUDGMENT :

HEMANT M. PRACHCHHAK, J.

1. These three appeals have been filed against the judgment and order dated 06.01.2012 passed by the learned Special Judge, (Atrocity), Mehsana (hereinafter be referred to as “the Trial Court”) in Special Atrocity Case No.10 of 2011 whereby the Trial Court has convicted the original accused No.1 - Thakor Lalji @ Lalo Chaturji and imposed sentence to undergo simple imprisonment of five years and to pay fine of Rs.10,000/- and in default of payment of fine, to undergo further simple imprisonment of six months for the offence under Section 307 of the Indian Penal Code (hereinafter be referred to as “the IPC”) and also imposed sentence to undergo simple imprisonment of six months and to pay fine of Rs.5,000/- and in default of payment of fine, to undergo three months imprisonment for the offence under Section 3(1)(x) of the the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter be referred to as “the Atrocity Act”) and acquitted original accused No.1 – Thakor Chanduji Manaji from the charges levelled against him for the offence under Section 326, 504, 114 of the IPC and under Section 3(2)(v) of the Atrocity Act and original accused No.2 – Thakor Chanduji Manaji and original accused No.3 – Thakor Balvantji @ Lalaji Chanduji from the charges levelled against them for the offence under Section 307, 326, 504 and 114 of the IPC and under Section 3(1)(x), 3(2)(v) of the Atrocity Act.

2. Criminal Appeal No.249 of 2012 has been filed by the State of Gujarat under Section 378 (1)(3) of the Code of Criminal Procedure, 1973 against the judgment and order of acquittal passed by the Trial Court acquitting the accused No.2 and 3. Criminal Appeal No.247 of 2012 has been filed by the State of Gujarat for enhancement of the punishment imposed on original accused No.1. Criminal Appeal No.79 of 2012 has been filed by the convict – accused No.1 – Thakor Lalaji @ Lalo Chaturji assailing the judgment and order of conviction.

3. As all these criminal appeals having been arisen from the same judgment and order, all these appeals are heard together and are being disposed of by this common judgment.

4. Brief facts of the prosecution case is that on 28.06.2010 at about 20.00 hours, accused No.1 teased niece of one Sikandarkumar and while prosecution witnesses were passing through maholla of accused No.1 and as he was standing near the house, the prosecution witnesses have discussed with accused No.2 and 3 and scolded accused No.1. It is the case of the prosecution that accused No.1 got excited and taken dharia from his house and inflicted on forehead of Sikandarkumar. It is also the case of the prosecution that at the time of incident, accused No.2 has brought dhoka from his house and accused No.2 and 3 in abatement of each other gave filthy abuses to the complainant.

4.1 On the basis of the complaint filed by the complainant, the First Information Report (FIR) being C.R.No.I- 102 of 2010 came to be registered with Unjha Police Station for the offence punishable under Sections 307, 326, 504, 114 of the IPC and under Section 3(1)(x) and 3(1)(v) of the Atrocity Act.

4.2 After completion of investigation, as the sufficient evidence was found, the police has arrested the accused and have filed the charge-sheet against the accused before the Chief Judicial Magistrate (First Class), Unjha wherein it was registered as Criminal Case No.10 of 2011. As the offence was triable by the Court of Sessions, the Judicial Magistrate (First Class) has committed the case under Section 209 of the Criminal Procedure Code to the Court of Sessions where it has been registered as Special Atrocity Case No.10 of 2011.

4.3 On the basis of the material available on record, the trial court ha