STATE OF GUJARAT Vs. MAFABHAI SHANKERBHAI RAVAL

JUDGEMENT

(1.) Heard learned advocates for the parties.

(2.) The appellant State of Gujarat under Section 378 of the Code of Criminal Procedure has approached this Court challenging the order of acquittal dated 22.10.1992 passed by learned Special Judge and Sessions Judge, Palanpur in Special Case No. 22 of 1991 acquitting the accused respondents of the offence punishable under Section 3(1)(10) of the Scheduled Castes and The Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as 'the Atrocity Act' for short) and under Section 323, 504 read with Section 114 of the Indian Penal Code.

(3.) The prosecution witness no. 1 original complainant, who happens to be the member of Scheduled Caste had to lodge complaint on 22.1.1991 with the PSO, Chhapi against respondents original accused Nos. 1 and 2 alleging that A1 had encroached upon the panchayat land situated near to his house and thereon A2 had thithering his buffalo. On accosting them as to why they are doing this, both of them got infuriated and A1 slapped him and also gave him fist blow on chest and A2, hurled abuses. Hence, the complainant started shouting his brother Poonambhai and his wife came and rescued him and thus by assaulting him in this fashion, they have committed an offence punishable under Section 323, 504 read with Section 114 of the Indian Penal Code and under section 3(1)(10) of the Atrocity Act. The learned Special Judge and Sessions Judge on 28.8.1992 framed charge to this effect and after recording plea of not guilty on the same day, commenced the trial. The Court after recording evidence and appreciating the same came to the conclusion that the prosecution could not prove its case beyond reasonable doubt so as to bring home guilt on the part of the accused and acquitted the accused from the charges leveled against them vide order dated 22.10.1992, which is impugned in the present Appeal under Section 378 of the Code of Criminal Procedure.