( 1 ) THE present appeal, under section 378 of the Code of Criminal Procedure, 1973, is directed against the judgement and order of acquittal dated 01. 02. 2008 passed by the Special Judge, Palanpur in Special Case No. 160 of 2006, whereby the accused have been acquitted from the charges leveled against them.

( 2 ) THE brief facts of the prosecution case are as under:

2. 1 On 21. 08. 2006, the complainant was travelling by auto rickshaw of one Parthibhai Kalubhai. The accused no. 1 was also in the same rickshaw. When the autho rickshaw reached the cross road of Vaghrol, the accused no. 1 jumped out of the rickshaw and ran towards the well. The complainant commented about the accused no. 1 falling from the rickshaw. Thereafter, while the complainant was sitting near the road, the accused came with the sticks and inflicted stick blows upon the complainant and ran away.

2. 2 Therefore a complaint with respect to the aforesaid offence was filed against the respondents with Gadh Police Station vide C. R. No. I- 117 of 2006. Necessary investigation was carried out and statements of several witnesses were recorded. During the course of investigation, respondents were arres