(1.) The present Appeal is directed against the impugned judgment and order in Sessions Case No. 60 of 2005 by the learned Presiding Officer and Additional Sessions Judge, 6th Fast Track Court, Gondal, Camp at Jetpur dtd. 23/5/2007 recording acquittal for the charges under Ss. 504, 506, 323, 114, 143, 147 of the Indian Penal Code and Sec. 3(1)10 of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 (hereinafter referred to as "the Atrocities Act").
(2.) The facts of the case briefly are that the complainant Labhuben wife of Kalubhai Sitapara lodged complaint before Jetpur Police Station being I-CR No. 88 of 2005 for the offences punishable under Ss. 143, 147, 504, 506, 323, 114 of the Indian Penal Code and Sec. 3(1)10 of the Atrocities Act. The case of the prosecution is that on 3/5/2005, at about 19:15 hours, complainant Labhuben wife of Kalubhai Sitapara, residing at Champrajpur, gave typed complaint at jetpur Taluka Police Station. The further case of the prosecution is that at about 4:00 pm, the complainant went to village reservoir for fetching drinking water, at that time Najmaben, Roshanben, Banuben case there and threw away the water pot of complainant and told her "Tu Bhangdi cho, Tarathi Amo Abhdai" and also gave her filthy abuses. When complainant requested them not to give filthy abuses, they got provoked and inflicted first blows on her. At that time, upon hearing shouts, all the accused persons, with the help of each other told her "Ae Bhangdi Bhagi Ja Nahitar Tari Saravat Nahi Rehva Daiye" and inflicted first blows and also gave filthy abuses, threatened her by saying "Amari Same Fariyad Karti Nahi Nahitar Tari ane Tara Kutumb ni Salamati Rehva Nahi Daiye and Koi Amaru Kai Kari Nahi Lye, ane Koithi Darta Nathi".
(3.) Upon such FIR being filed, investigation started and the Investigating Officer recorded statements of as many as 9 witnesses and produced number of documentary evidence, and after completion of the investigation, Charge-sheet was filed against the accused for the offences in question. The case was committed to the Sessions Court and the learned trial Judge framed the Charge. Since the accused persons did not plead guilty, trial was proceeded against the accused. Vide impugned judgment and order dtd. 23/5/2007, the learned Sessions Judge acquitted the accused persons. Being aggrieved by the same, the State has preferred the present appeal.
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