(1.) At the outset, learned advocate Mr. Suraj Matieda for learned advocate Mr. P. P. Majmudar for the respondents states at the bar that respondent No. 6 - Jagdishbhai Hirabhai Patel has expired. Accordingly, the appeal is abated qua respondent No. 6.
(2.) This appeal is preferred by the appellant - State under Sec. 378(1) (3) of the Criminal procedure Code, 1973 (Code) against the judgment and order dtd. 31/3/2016 passed in Special (Atrocity) Case No. 18 of 2015 by the learned 7th (Ad-hoc) Additional Sessions Judge, Bardoli, Dist.: Surat, recording the acquittal of the respondents - original accused for the offence punishable under Ss. 323 , 504 , 506(2) , 143 , 147 and 149 of the Indian Penal Code, 1860 ( IPC ) and Sec. 3(i)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act , 1989 (hereinafter referred to as "the Atrocity Act").
(3.) Brief facts of the prosecution case are that on 26/12/2013, the respondents - accused allegedly took over the possession of the land belonged to Bhagubhai Chhitiyabhai Vasava, the complainant, and started a "Kola", a country made machine for manufacturing Jaggery and hence, the complainant asked them as to why they started the Kola, due to which, the respondents - accused got excited and infuriated and uttered filthy abuses about the caste of the complainant with intention to insult and humiliate the complainant publicly. They also threatened the complainant to death. That, accused Nos. 1 and 2 also beat the complainant with fist and kick blows. Thus, the respondents committed the offence in question for which, the complaint in question came to be registered against them.
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