(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. 27/8/2007, passed in Special Atrocity Case No. 4 of 2004 by the learned Additional Sessions Judge, Fast Tract Court No. 5, Bhavnagar, Camp at Mahuwa Presiding Officer, Fast Track Court No. 15, Vadodara, recording the acquittal of the Respondents (original accused persons).
(2.) The facts, in brief, are that the offence being C.R. No. I-139/2003 came to be registered with Alang Police Station for the offence under Ss. 323, 447, 504, 506 (2) and 114 of the Indian Penal Code and under Sec. 3(1)(10) of the Atrocity Act. The said complaint was addressed by the complainant to the District Superintendent of Police, Bhavnagar on 18/12/2003. It is disclosed in the complaint that the complainant and the accused persons are from the same village. The Respondent-Accused No. 3 is the brother of the Sarpanch, the Respondent Accused No. 1 is the brother of Vice Sarpanch and the Respondent-Accused No. 4 is the cousin brother of the Sarpanch. It is further disclosed in the complaint that the son of the complainant got admission in the Ukharala Primary School, wherein the teacher viz. Maheshbhai beat his son. Hence, the complainant addressed an application to Anandiben Patel, Education Minister, Gandhinagar. Hence the Respondents-Accused persons got excited and on 18/12/2003 at about 11:30 hours came and started abusing the complainant and also threatened to withdraw the application addressed to the Education Minister. Thereafter, the Respondents-Accused persons started giving kick and fist blow to the complainant. On raising screams, the surrounding persons gathered there and hence the Respondents-Accused persons ran away from the place of offence.
(3.) On the basis of the complaint, the investigation started and the investigation was handed over to the Police Officer, SC/ST Cell, Bhavnagar. The Investigating Officer drew the scene of offence panchnama, arrested the accused persons, drew the body position panchnama of the accused persons, collected MLC certificate and the caste certificate of the complainant.
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