(1.) Heard learned APP Ms. Jirga Jhaveri for the appellant - State and learned advocate Mr. Dannyson Macwan with learned advocate Manasvi Thapar for the respondent No. 1 at length.
(2.) The State has filed this acquittal appeal challenging the judgment and order dtd. 2/8/2007 passed by the learned Additional Sessions Judge, City Sessions Court, Court No. 8, Ahmedabad in the Atrocity Criminal Case No. 6 of 2007 for the offences punishable under Ss. 323 , 294(b) and 506(1) of the Indian Penal Code and Sec. 3(1)(10) of the Atrocity Act, 1989.
(3.) The brief facts of the case are that the complainant - Ramesh Dalabhai Chauhan belongs to Hindu Vankar community. That, the complainant is possessing a plastic industry for manufacturing plastic material and also doing job work in his plastic industry. That, the alleged accused Bhaveshbhai Patel is also possessing industries in Odhav area in the name and style of "M/s. Ami Plastic" and supplying raw material to the complainant. That, on 9/9/2003, at about 11:30 hours, the complainant had gone to the factory of accused and demanded money, at that time, Bhaveshbhai had told to the complainant to bring "Dies" as well as plastic material and the material which has been supplied by the complainant is too less and therefore, he was informed to supply balance material as well as 'Dies' and thereafter he will give money. That, therefore, the complianat had brought remainng plastic material to the extent of 183 Kg, pipes to the extent of 945 Kg, Shunts/stoppers to the extent of 1000 Nos. through PW 3 - Rameshbhai Ukabhai, who is rickshaw driver and given it to the accused and demanded money. That, upon demanding money, the accused - Bhaveshbhai got angry and gave filthy abuses to the complainant relating to his caste i.e. "Sala Dhedha" with clear intention to insult the complainant in public at large as well as given kick and fist blow to the complainant. That, learned trial Court has acquitted the accused and therefore, the State has preferred this appeal.