The judgment emphasizes the principles governing appeals against orders of acquittal, highlighting the need for compelling reasons to interfere with the trial court's findings and the double presumption of innocence in favor of the accused in acquittal appeals.

Kaushal Jayendra Thaker, J.

1. Since respondent No. 1 - Govindbhai Arjanjnhai Mayatra has expired, during the pendency of the appeal, the appeal is dismissed as abated qua him. As far as respondent No. 2 is concerned, the matter is taken up for final hearing today.

2. The present appeal, under section 378 of the Code of Criminal Procedure, 1973, is directed against the judgment and order of acquittal dated 07.03.2006 passed by the learned Presiding Officer, 3rd Fast Track Court, Junagadh, in Atrocity Case No. 34 of 2005, whereby, the learned trial Judge acquitted the original accused the respondents herein, of the charges for the offence punishable under Sections 447, 323, 504, 506(2)and 114 of the Indian Penal Code and Section 3(1)(10) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

3. The brief facts of the prosecution case are that the incident occurred to the complainant on 03.09.2005 when the complainant was in the field and when they were trying to give water to their field, the accused belonging to the adjacent field along with son came there with three buffaloes and one Cow. They came there to feed their cattle grazing there. The cattle was causing damage to the complainant's crop. Therefore, she complained and out of this, scuffle had occurred and therefore, the complaint was lodged.

3.1 Necessary investigation was carried out and statements of several witnesses were recorded. During the course of investigation, respondent was arrested and, ultimately, charge-sheet was filed against them in the Court of learned Judicial Magistrate First Class, Keshod. As the case was exclusively triable by the Court of Sessions, the learned Magistrate has committed the case to the Court of Sessions, which was numbered as Atrocity City Case No. 34 of 2005. The trial Court framed charge against the accused. The accused pleaded not guilty to the charge and claimed to be tried.

3.2 To prove the case against the present accused, the prosecution has examined 10 witnesses which are as follows:

PW No.	Name of Witness	Exhibit No.
1.	Dr. Ramdevbhai Chanabhai Parmar	10
2.	Nathabhai Anandbhai Maiyer – Panch witness	21
3.	Bhupatbhai Govindbhai Chavda	23
4.	Sevadas Premdas PSO	25
5.	Hemiben Bhupatbhai Chavda	29
6.	Vipul Bhupatbhai Chavda	30
7.	Narshibhai Khodabhai Chavda	31
8.	Rasikbhai Geleabhai	32
9.	Vallabhbhai Valabhai	34
10.	Manojkumar Vechatbhai Ozat	35

3.3 The prosecution has also produced 12 documentary evidence which are as follows:

"[1] Injury Certificate of Bhupatbhai- Exh. 12

[2] Injury Certificate of Hemiben- Exh. 13

[3] Yadi-Exh. 14

[4] Panchnama of place of incident-Exh. 15

[5] Notification -Exh. 16

[6] Wireless-Exh,. 17

[7] Special Report of offence-Exh. 18

[8] Caste certificate of the complainant-Exh. 19

[9] Panchnama of arrest, physical condition and arms of the accused-Exh. 22

[10] Original complaint of the complainant-Exh. 24

[11] copy of Extract of the complaint-Exh. 26

[12] Copy of Extract of Station Diary-Exh. 27"

4. At the end of trial, after recording the statement of the accused under section 313 of Cr.P.C., and hearing arguments on behalf of prosecution and the defence, the learned trial Judge acquitted the respondents of all the charges leveled against him by judgment and order dated 07.03.2006.

5. Being aggrieved by and dissatisfied with the aforesaid judgment and order passed by the trial Court the appellant State has preferred the present appeal.

6. It was contended by learned APP Mr. Rutviz Oza, that the judgment and order of the trial Court is against the provisions of law; the trial Court has not properly considered the evidence led by the prosecution and looking to the provisions of law itself it is established that the prosecution has proved all the ingredients of alleged charges against the prese