K.J.THAKER, J. - (1.) BY way of this Appeal, the Appellant State has felt aggrieved by the acquittal of the respondents accused who were arraigned for commission of offences under Sections 323, 504 read with Section 114 of the Indian Penal Code and under Section 3(1)(10) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and who were acquitted vide judgment and order dated 07.10.2003 passed by the learned Special Judge, Junagadh in Atrocity Sessions Case No.25/2002.
(2.) THE short facts of the prosecution case and which occurred on 02.07.2002 at about 8.00 pm in the evening are as under : - The complainant belonged to the Scheduled Caste community whereas the respondents belonged to a other case other than the caste of the complainant. The complainant and his wife had gone to the daughter of the uncle of the complainant to enquire about a telephone call. The accused No.1 was present and it is alleged that the accused No.1 addressed the complainant in an insulting tone regarding construction of house on a plot, whereupon the complainant replied that he held necessary documents whereby the possession of this plot was given to him. The Talati and the Circle Officer had also measured the same and therefore, he had constructed the said house. It is alleged that inspite of the above reply, the accused continued his insulting and abusing words. Hearing such shouts of the accused, the Sarpanch of the village the accused No.2 came from the neighbourhood and she also gave foul abuses by uttering insulting words relating to the caste of the complainant. As the complainant and his wife objected to these foul abuses, it is alleged that the accused No.2 caught hold of the wife of the complainant and inflicted fist and kick blows. As the complainant intervened, the accused No.1 pelted stones on the head of the complainant as a result of which blood was came down from the head of the complainant. At that time, one Indrajitinh Rayjada Narendrasinh intervened and rescued the complainant and his wife from further attacks. He was taken to the Hospital. On the above facts, a complaint was filed; the First Information Report was lodged and committed to the Sessions. The police authorities after due completion of the investigation charge -sheeted the accusedrespondents. The accused pleaded not guilty to the charge and claimed to be tried. The prosecution led evidence and on the conclusion of the trial, the learned Special Judge, Junagadh passed the above order as stated above. Therefore, the appellant herein the State has preferred this Appeal.
(3.) TO prove the case against the present accused, the prosecution has examined several the witnesses, and the prosecution also produced several documentary evidence on record. I have heard learned Advocates appearing on both the sides.;