R.P. Dholaria, J

1. The appellant-State of Gujarat has preferred present appeal under Section 378(3) of the Code of Criminal Procedure, 1973 against the judgment and order of acquittal dated 08/11/2006 passed by the learned Special Judge, Fast Track Court No. 3, Bharuch at Ankleshwar in Special Atrocity Case No. 23 of 2006, whereby, the learned trial Judge acquitted the original accused-the respondent herein, of the charges for the offence punishable under Section 323 and 504 of the Indian Penal Code and Section 3(1)(10) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

2. The brief facts of the prosecution case are that the complainant Naynaben-wife of Dahyabhai Amarbhai Parmar, resident of Kudadara Harijanvas, Taluka Hansot, District Bharuch lodged a complaint against present respondent alleging that the complainant was working as a labourer at the house of the accused Shantilal prior to four months from the date of incident and husband of the complainant also borrowed Rs. 250/- from the respondent-accused out of which Rs. 100/- was set off as labour charges and Rs. 150/- remained unpaid. It is further alleged that on 27/01/2006, at about