(1.) 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. 27/7/2010, passed in Atrocity Sessions Case No. 21 of 2009 by the learned Principal Sessions Judge, Rajkot, recording the acquittal.
(2.) Facts in brief are that on 4/3/2009, the respondents - accused, forming unlawful assembly, in furtherance of their common objection and assaulted the son, the nephew and the brother-in-law of complainant - Gitaben W/o. Keshubhai and gave kick and fist blows and also, insulted them of their caste in public and abused them. Further, the respondents - accused, having sword in hand, also threatened them to kill if they would appear in future at the spot. Thus, the accused committed the offences punishable under Ss. 143, 147, 149, 323, 504, 506(2) and 188 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.
(3.) Heard, learned Additional Public Prosecutor Mr. Ronak Raval for the appellant - State and learned advocate Mr. Pratik Jasani for the respondents - accused.
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