STATE OF GUJARAT Vs. BHEMAJI CHUTHAJI ZALA

JUDGEMENT

(1.) By way of this appeal, the State has challenged the judgment and order dated 31.7.1993 passed by the learned Addl. Sessions Judge, Himatnagar in Atrocity Case No. 4/1992, whereby, the present respondents have been acquitted for the offence punishable under sec. 325, 143, 147, 148, 149, 323, 337, 341, 506(2) of IPC and under sec. 3 & 7 of Prevention of Scheduled Caste & Scheduled Tribes (Atrocities) Act and under sec. 135 of the Bombay Police Act.

(2.) The case of the prosecution is that on 8.10.1991, at one night of Navratri, the accused attacked the persons belonging to Scheduled castes and scheduled tribes and have abused them in public place. After producing on record the relevant documents, list of witnesses, the charge sheet was filed. During the course of the trial, the trial court has examined the following witnesses:

(3.) After considering the documentary evidence on record, the trial court has discussed the same in the judgment from paras-7 to 11 and has come to the conclusion that the prosecution has failed to prove the place of incident, injury and weapons which were used in the commission of the crime. Even the medical evidence has not supported the case of the prosecution and considering the overall case of the prosecution, the trial court has acquitted all the accused.