(1.) Heard learned APP Ms. Maithili Mehta for the appellant - State and learned advocate Mr. Shailesh Sharma for the respondents at length.
(2.) The State has filed this acquittal appeal challenging the judgment and order dtd. 11/6/2010 passed by the learned Special Judge & Presiding Officer, Fast Track Court, Jamnagar in the Special Case No. 26 of 2008 for the offences punishable under Ss. 504 , 506(2) and 114 of the Indian Penal Code and Sec. 3(1)(10) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act , 1989.
(3.) The brief facts of the case are that on 29/5/2008 at about 5:00 p.m., the complainant Karshanbhai Naranbhai Pardhi, resident of village: Pithad, was sitting with the accused at the Bus Stand of Village: Pithad, at that time, the complainant requested to the accused persons not to take sand from the lease land granted to his son Muljibhai and therefore, the accused persons got excited and gave filthy abuses relating to the caste of the complainant in public at large and also administered threat to cause death of the complainant and thereby committed the offence. That after the investigation, a charge sheet came to be filed before the learned Judicial Magistrate First Class, Jodia. Since the case was exclusively triable by the learned Sessions Judge and therefore, the matter was committed to the learned Special Judge and Presiding Officer, Fast Track Court, Jamnagar and the case was registered as Special Atrocity Case No. 26 of 2008. Since, the accused has not pleaded guilty to the charge and claimed to be tried and the prosecution therefore, led the evidence. At the conclusion of the trial, the learned Special Judge and Presiding Officer, Fast Track Court, Jamnagar acquitted the accused and therefore, the State has preferred this appeal.
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