(1.) Present appeal has been filed by the appellant - State under Sec. 378(1)(3) of the Code of Criminal Procedure, 1973 challenging the judgment and order dtd. 26/2/2010, passed in Special Case No. 89 of 2008 by the learned Special Judge, Kachchh-Bhuj, recording the acquittal.
(2.) The facts, in brief, are that complainant - Devjibhai Shankarbhai Makwana lodged a complaint before the Kothara Police Station, District: Kachchh-Bhuj against the respondent - Harpalsinh Vikramsinh Jadeja for the offences punishable under Ss. 332, 323 and 506(2) of the Indian Penal Code, 1860 and Ss. 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 stating therein that on 19/9/2007 at about 14:30 hours when the complainant, who belongs to the scheduled caste, was at his office, performing his duties as Talati cum Mantri at Vinzan Gram Panchayat, respondent came there and asked the complainant to sign one document possessed by him. He further stated to draw the panchnama as Narmada water pipeline passes through his land and some damage was caused in the land, to which, on the complainant replying that he could not sign the panchnama, the respondent got excited and stopped the work of the complainant and thereafter, holding the shirt of the complainant, slapped him on his right side cheek. One Peon namely Jakabbhai Tamachi intervened and saved the complainant. However, the respondent gave filthy abuses and used derogatory words against the caste of the complainant and also threatened him to kill. Thus, respondent committed the offence in question for which, FIR came to be registered against him.
(3.) Heard, learned APP Mr. Hardik Soni for the appellant - State and learned advocate Mr. Rahul K. Dave with learned advocate Mr. Kirtidev R. Dave for the for the respondent.
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