(1.) The appeal is abated qua respondent No. 6 by an order dtd. 29/6/2022 passed by this Court. Further, despite sufficient opportunity was given to the rest respondents, they have chosen not to appear before the Court leaving no option for the Court but to proceed with the appeal, which is of 2008.
(2.) This appeal is filed by the appellant - State under Sec. 378(1)(3) of the Code of Criminal Procedure, 1973 challenging the judgment and order dtd. 29/3/2007, passed in Special (Atrocity) Case No. 11 of 2002 by the learned 2 nd Additional Sessions Judge, Bhavnagar, recording the acquittal.
(3.) Facts in brief are that on 24/6/2000, the respondents - accused, keeping grudge with regard to the construction of community hall in plot Nos. 234 and 235, for which a Court case was registered and the Court Commissioner was also appointed, the respondents, forming unlawful assembly approached the complainant and giving filthy abuses to the complainant against his caste, beat him up with iron pipe, wooden stick and wooden log and thereby, caused seriously injuries to him. Thus, the accused committed the offences punishable under Ss. 143 , 147 , 148 , 149 , 323 , 325 , 504 and 506(2) of the Indian Penal Code, 1860 ( IPC ) and Sec. 3(i)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocity) Act, 1989 (Atrocity Act) and Sec. 135 of the Bombay Police Act, for which, FIR came be to registered against them.
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