STATE OF GUJARAT Vs. POPATJI RAMCHANDJI THAKOR &

JUDGEMENT

(1.) BY the present application under Section 378 (1) (3) of the Code of Criminal Procedure, 1973, the applicant - State of Gujarat seeks leave to appeal against the judgment and order dated 17.01.2012, passed in Special Atrocity Case No.135 of 2010, by the Special Judge and 3rd Additional Sessions Judge, Deesa, Camp at Deodar, for the offences punishable under Sections 504, 506(2), 427 and 114 of the Indian Penal Code and Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

(2.) BRIEFLY stated, the facts giving rise to the case of the prosecution are that PW -1 Vasrambhai Versibhai made a complaint at Bhabhar Police Station, Dist: Banaskantha, to the effect that on 26.11.2009, at 9:00 AM, the respondents -original accused, having animosity due to litigation with the complainant, who is a Dalit, entered in the boundary of Village Vadana, and cut eight Neem trees on the field of the complainant. On the complainant's scolding them, the respondents came with sticks and sickles and abused the complainant, threatening to kill him. Thus, the respondents have insulted the complainant in public with full knowledge that he belongs to the Scheduled Caste community. It is further the case of the prosecution that the respondents used derogatory words regarding the caste of the complainant by calling him "Sala Dhedha", in public.

(3.) THEREAFTER , the matter was committed to the Sessions Court and the case was registered as Special Atrocity Case No.135 of 2010. The respondents pleaded "not guilty" to the charges and claimed to be tried. The prosecution led evidence. Upon appreciation and evaluation of the evidence on record, the Trial Court came to the conclusion that the offences with which the respondents were charged were not proved beyond reasonable doubt. Therefore, vide judgment and order dated 17.01.2012, all the respondents were acquitted of the charges levelled against them.