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CR.MA/12051/2009 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 12051 of 2009
In
CRIMINAL
APPEAL No. 2055 of 2009
=========================================================
STATE
OF GUJARAT - Applicant(s)
Versus
CHAMANBHAI
LAKHMANBHAI LIMBASIYA & 8 - Respondent(s)
=========================================================
Appearance
:
MR
LB DABHI, APP for Applicant(s) : 1,
None for Respondent(s) : 1 -
9.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE JAYANT PATEL
and
HONOURABLE
MR.JUSTICE RAJESH H.SHUKLA
Date
: 15/03/2010
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE JAYANT PATEL)
The
present application for leave to prefer appeal is directed against
the judgement and order dated 26.6.2009 passed by the learned
Special Judge in Special (Atro.) Case No.8 of 2008, whereby the
accused have been acquitted for the offences under Sections 147,
149, 323, 504, 506(2) of IPC read with Section 3(1)(10) of Scheduled
Caste and Scheduled Tribe (Prevention of Atrocities) Act,
1989 (hereinafter referred to
as ‘Atrocities Act’ for short).
We
have considered the judgement and reasons recorded by the learned
Special Judge. We have considered the records and proceedings. We
have also heard Mr.Dabhi, learned APP for the State.
It
appears to us that so far as the offences under Atrocities Act are
concerned, the eye-witnesses have stated the use of the words, but
the name of the person, who had spoken such words are not clear.
Under these circumstances, if the benefit of doubt is given by the
learned Sessions Judge for the offences under Atrocities Act, the
same cannot be said to be erroneous. However, so far as the
offences under IPC are concerned, we find that there is a good case
to be considered in appeal. Hence, leave deserves to be granted to
that extent.
In
view of the aforesaid, leave does not deserve to be granted for the
offences under Atrocities Act, but deserves to be granted for the
offences under IPC, therefore, granted to that extent only.
The application is disposed of accordingly.
(Jayant Patel, J.)
15.3.2010 (Rajesh
H. Shukla, J.)
vinod
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