STATE OF GUJARAT Vs. DIGVIJAYSINH BHIKHUBHA ZALA

JUDGEMENT

(1.) HEARD learned A. P. P. Mr. A. J. Desai representing the appellant-State. The appeal is admitted.

(2.) THE present appeal, preferred under Section 378 (1) (3) of the Code of Criminal Procedure, 1973, is directed against the judgment and order of acquittal dated 16. 02. 2009 passed by the learned Special Judge, Surendranagar, Camp at Limbdi in Special Case No. 41 of 2008.

(3.) AS per the prosecution case, complainant Hansaben wife of Bhojabhai Mithabhai Rathod has filed complaint against the respondents stating therein that they had insulted her caste and humiliated her in public place. The respondents were armed with iron rod and gave abuses to the complainant. On the strength of the complaint given by Hansaben, investigation was set in motion. The investigating officer prepared panchnama of the place of incident, recorded statements of witnesses and, on completion of the investigation, respondents were chargesheeted for the offence punishable under Sections 323, 504 read with Section 114 of I. P. C. as well as under Section 3 (1) (x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short, "atrocities Act" ). At the conclusion of the trial, the learned Judge acquitted the respondents.