(1.) Heard learned APP Ms. Jirga Jhaveri for the appellant - State and learned advocate Ms. Richa Shah for the respondents at length.
(2.) The State has filed this acquittal appeal challenging the judgment and order dtd. 22/12/2015 passed by the learned Special Judge (Atrocity), Mehsana in Special (Atrocity) Case No. 08 of 2013 for the offences punishable under Ss. 323 , 504 and 114 of IPC and Sec. 3(1) (10) of Prevention of Atrocity Act as well as Sec. 135 of Gujarat Police Act.
(3.) The brief facts of the case are that on 4/4/2009 at about morning hours, while complainant - Chandrikaben Vinodbhai Parmar, resident of Amarpura had gone to fetch water from Municipal Water Stand situated at Amarpura Municipal Bore, Mehsana, accused person asked "why she has come to fetch water from this stand" and thereby accused no. 1 thrown away bucket of complainant. It is further the case of prosecution that while complainant asked to accused no. 1 that why he has thrown out her bucket, accused no. 1 got excited and brought stick from his house and gave blow on forehead of complainant and accused no.2 gave kick and fist blows to complainant and thereby abatted offence. It is further the case of prosecution that both the respondents with help of each other gave filthy abuses relating to caste of complainant, more particularly by using word like "Sali Dhedhdi". Therefore, Chandrikaben Vinodbhai Parmar - complainant gave complaint before the Mahesana City Police Station, which was registered at CR No. II-200/2009 for the offence under Ss. 323 , 504 , 114 of IPC and Sec. 3(1) (10) of Prevention of Atrocity Act as well as Sec. 135 of Gujarat Police Act.