(1.) Though served, none appears for the respondents - accused. The matter is old, of 2009. Hence, the Court proceeded with the same.
(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. 26/6/2009, passed in Special (Atrocity) Case No. 8 of 2008 by the learned Sessions Judge, Rajkot, recording the acquittal.
(3.) Facts in brief are that on 28/2/2008 at about 10:30 p.m., when complainant - Nareshbhai Babubhai Pariya was going to a Pan shop in his car being Tata Sumo bearing registration No. GJ12-H-8826 and reached near the home of one Parsottambhai Vashrambhai Hapaliya, at that time marriage procession of son of Pitambar Bhurabhai, the respondent No. 4 herein, was going on. At that time, car of the complainant stopped due to some technical snag due to which, the respondents - accused got excited and infuriated and beat up the complainant with kick and fist blows and also abused and insulted him of his caste and thus, the accused committed the offences punishable under Ss. 147 , 149 , 323 , 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) for which, FIR came to be registered against them.
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