STATE OF GUJARAT Vs. SHIRINBEN MURTUJA BHABHARAWALA

JUDGEMENT

(1.) This Appeal is filed by the appellant under Sec. 378(1)(3) of the Criminal Procedure Code, 1973 against the judgment and order dtd. 15/6/2006 passed by the learned Special Judge, Dahod in Special Atrocity Case No.4 of 2006 whereby the learned Special Judge has acquitted the respondents - original accused from the charges levelled against them for the offences under Ss. 452 , 427 , 504 , 506(2) and 114 of Indian Penal Code , 1860 ('the IPC ') and under Sec. 3(1)(10) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities Act ), 1989 (the Atrocity Act').

(2.) The prosecution case, in nutshell, is that on 13/12/2004, when complainant Narsinhbhai Manabhai Bhabhor was at his workplace, the respondent No.1, who resided on the first floor of the work place, threw garbage and dirty water from above, from which dirty water was fall on complainant. Therefore, complainant has scolded Shirinben. After that, respondent No.1 - Shirinben and her son respondent No.2 - Mustufa abused the complainant in filthy language relating to his caste and insulted the complainant in public.

(3.) Heard learned APP Mr. R. C. Kodekar for the appellant - State being prosecuting agency and learned advocate Mr.M. A. Kharadi for the respondents - original accused. Perused the evidence on record so also the impugned judgment and order of acquittal.