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2025 Supreme(Guj) 1401

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
S.V.PINTO
State Of Gujarat – Appellant
Versus
Ranchhod Bhayajibhai Koli Patel – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Pranav Dhagat, APP
For the Respondent: Bailable Warrant Served , Mr MA Parekh

JUDGMENT :

S.V. PINTO, J.

1. This appeal is filed by the appellant State under Section 378(1)(3) of the Code of Criminal Procedure, 1973 against the judgement and order of acquittal passed by the learned 3rd Additional Sessions Judge, Ahmedabad (Rural) at Mirzapur (hereinafter referred to as “the learned Trial Court”) in Special Atrocity Case No. 34/2010 on 31.10.2012, whereby, the learned Trial Court has acquitted the respondents for the offence punishable under Sections 323 , 325, 504, 506(2) and 114 of IPC and Section 3(1)(10) of Schedule Caste and Schedule Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as “the Act” for short).

1.1 The respondents are hereinafter referred to as “the accused” as they stood in the original case for the sake of convenience, clarity and brevity.

2. The brief facts that emerge from the record of the case are as under:

2.1 On 29.07.2005, the complainant - Khanabai Motibhai Jadhav had gone at 08.00 am with his cattle for grazing in a field known as Ven in the outskirts of Varana village and while the cattle were grazing, the accused no. 1 came and asked him why he was at this place with his cattle and when the complainant told him that

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