- (1.)THE present appeal, under section 378 of the Code of Criminal Procedure, 1973, is directed against the judgement and order of acquittal dated 11. 12. 2008 passed by the Special Judge, Palanpur in Special Atrocity Case No. 128 of 2008, whereby the accused have been acquitted from the charges leveled against them.
(2.)THE brief facts of the prosecution case are as under:
2. 1 On 01. 01. 2008, at about 1900 hours the accused no. 1 inflicted dhariya blow on the left thigh of the complainant in connivance with the accused no. 2 causing grievous hurt to the complainant. The accused also uttered filthy abuses against the complainant and his caste and also threatened to kill him. 2. 2 Therefore a complaint with respect to the aforesaid offence was filed against the respondents with Ambaji Police Station vide C. R. No. II- 3002 of 2008. Necessary investigation was carried out and statements of several witnesses were recorded. During the course of investigation, respondents were arrested and, ultimately, charge-sheet was filed against them. Thereafter, as the case was exclusively triable by the Sessions Court, the same was committed to the Sessions Court. 2. 3 The trial was initiated against the respondents and during the course of trial the prosecution examined 10 witnesses as oral evidences and 08 documents as documentary evidences. At the end of trial, after recording the statement of the accused under section 313 of Cr. P. C. , and hearing arguments on behalf of prosecution and the defence, the learned Sessions Judge acquitted the respondents of all the charges leveled against them by judgement and order dated 11. 12. 2008. 2. 4 Being aggrieved by and dissatisfied with the aforesaid judgement and order passed by the Sessions Court the appellant State has preferred the present appeal.

(3.)IT was contended by Mr. Jani, learned APP that the judgement and order of the Sessions Court is against the provisions of law; the Sessions Court has not properly considered the evidence led by the prosecution and looking to the provisions of law itself it is established that the prosecution has proved the whole ingredients of the evidence against the present respondents. Learned APP has also taken this court through the oral as well as the entire documentary evidence.