K.J.THAKER, J. - (1.) BY way of this appeal, the appellant State has challenged the judgment and order of the learned Special Judge, Bharuch dated 28.08.2003 rendered in Special (Atrocity) Case No.4 of 2003, whereby the learned Trial Judge acquitted the original accused the opponents herein of the charges for alleged commission of the offences punishable under Sections 323, 504, 506(2) and 114 of the Indian Penal Code (for short "IPC") and Section 3(1)(10) of the Atrocity Act.
(2.) THE brief facts of the case of the prosecution, as set out before the learned Trial Court, read as under: 2.1 A complaint was lodged by the complainant - Arvindbhai being I -C.R.No.95 of 2002 dated 18.07.2002 registered at Bharuch Rural Police Station. The complainant -Arvindbhai who is working as Peon in the office of Trasla Kothi Gram Panchayat. He was present in the office on 11.06.2002 at about 9:30 a.m. At that time, Sarpanch Dahyabhai, Talati Mubarkabhai, Bijalbhai and Jagdishbhai were also present in the said office. Talati Mubarakbhai sent the complainant to go to the house of Ahmed Musa Sarpanch for bringing tea. While he was going to the house of Ahmed Musa, all the accused persons gave foul abuses to the complainant and also gave threat to kill him. Accused no.1 slapped twice -thrice on the face of the complainant. Accused no.1 further threatened the complainant that he would be killed and used insulting words "Tari mana dheda tu kem amara ghar upar notice chotadi avel chhe" and thereby committed the offence of the atrocity.
(3.) TO prove the prosecution case, the prosecution has examined the following witnesses: JUDGEMENT_94_LAWS(GJH)1_2015.htm The prosecution has led the following documentary evidence in support of its case: JUDGEMENT_94_LAWS(GJH)1_12015.htm ;