(1.) THE above criminal appeal is preferred under Section 378 of the Criminal Procedure Code by the State of Gujarat - applicant herein against the judgment and order of acquittal delivered by the learned Additional Sessions Judge, 3rd Fast Track Court, Diyodar passed in Special Case No. 132 of 2007 dated 10. 01. 2008 whereby the respondents - herein being accused came to be acquitted by the learned trial Court for the offences punishable under Sections 3 (1) (10) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act and for the charges levelled against them under Sections 143, 352 and 506 (2) of the IPC.
(2.) IN the above Criminal Appeal - State of Gujarat herein has also preferred Criminal Misc. Application No. 4336 of 2008 under Sub-section (3) of Section 378 of the IPC for leave to appeal.
(3.) MR. M. R. MENGDEY, learned APP appearing on behalf of the State is heard in respect of this matter extensively at this stage also. We have also called for Record and Proceedings from the learned trial Court and we have gone throughly the same whether to grant leave to appeal.