(1.) THE present appeal is filed by the appellantState under section 378(1)(3) of the Code of Criminal Procedure, 1973 (for short Cr.P.C, 1973) being aggrieved and dissatisfied with the judgment and order dated 28.02.2002 passed by the learned Special Judge, Surendranagar, in Special Case No. 47 of 1996, whereby the respondentsoriginal accused have been acquitted of the charges levelled against them.
(2.) SHORT facts of the case are that at the time of incident, the complainantValiben Talsibhai was Sarpanch of Village Sadad and belonged to Harijan caste. It is the case of the prosecution that on 09.06.1996 at about 4:00 p.m., some women of the said village came to the residence of the complainant and told that the Darbars of the village entered into the well of the village and therefore, they could not fetch the water from the well. Therefore, the complainant rushed to the said well, where her husbandTalsibhai Ramabhai was already present. Respondent No.1original accused No.1 gave filthy abusive language to the husband of the complainant and therefore, complainant requested the respondent No.1original accused No.1 not to use filthy abusive language. Because of this, the accused persons got exited and gave a knife blow to the husband of the complainant and as the complainant defended the said blow of the accused, the complainant received injury on her hand. As a result of which, complaint had been filed by the complainant against the respondentsoriginal accused before the Lakhtar Police Station for the offences punishable under Sections 324, 504 and 114 of the Indian Penal Code, 1860, under Section 135 of the Bombay Police Act and under Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
(3.) HEARD Mr.K.L.Pandya, learned Additional Public Prosecutor, for the appellantState and Mr.N.V.Solanki, learned advocate for the respondent Nos.1 to 5, 7 and 8original accused.