1. This appeal questions the judgement and order dated 21.06.2005 acquitting the respondents of the offences punishable under sections 504, 506(1) of the Indian Penal Code read with section 3(1)(10) of the the Scheduled Castes and the Scheduled Tribes ( Prevention of Atrocities) Act, 1989 [ for short ‘the Atrocity Act].

2. An FIR came to be registered by Sarpanch of Gorisana Gram Panchyat: Chamar Dahyabhai Ramjibhai against the respondents, referring to the Regular Civil Suit No. 21 of 2004 pending in the court of Vadnagar, Civil Judge ( Junior Division), in relation to a strip of land between the plots comprised in Survey No. 85 of village Gorisana. The grievance is made in the complaint that despite the pendency of the civil suit, Chaudhary Virambhai Bhemjibhai, has closed the public by dumping the stones and closed the road. It is further stated in the complaint that on receipt of such information, the complainant proceeded to the scene of offence and interrogated Chaudhary Vimarjibhai Bhemjibhai, Chaudhary Bhikhabhai Kesharbhai and Chaudhary Jethabhai Ganeshbhai, etc., who gave elusive reply and told him not to ask such question to them. On the further request by the complainant, it is alleged in the complaint that the three persons named above got infuriated and used abusive language and derogated the complainant by caste name and told him, what if he is a Sarpanch, he can not order to them and that we will teach you lesson; use your authority to the extent possible; we have to our rescue our relative, member of legislature assembly and that you would not be able to do any wrong to us etc.

3. Upon investigation, a chargesheet was laid alleging the above referred offences against the respondents.

4. Charge was framed at Exh. 4 and upon the respondents denying the charge in their statement and seeking trial they were tried. The respondents allegedly quarreled and abused and threatened the complainant with life as also derogated him by his caste name. In the charge the knowledge that the complainant is the member of Scheduled Caste was attributed to the respondents and it has been alleged that the complainant was derogated in the caste name in public and has thus committed an offence under section 3(1)(10) of the Atrocity Act and Sections 504, 506(1) and 114 of the Indian Penal Code.

5. Following oral and documentary evidences inter alia were produced during the trial.

1	Caste Certificate of the complainant	Exh. 10
2	Complaint	Exh. 11
3	Royalty cum delivery chalan	Exh. 12
4	Ranjitji Rameshji Thakore	Exh. 14
5	Fulabhai Chelanbhai Senma	Exh. 15
6	Depute Order of P.S.O	Exh. 16
7	Caste Certificate of accused no.1	Exh.21
8	Caste Certificate of accused no.2	Exh. 22
9	Caste Certificate of accused no. 3	Exh. 23
10	Bahadurdas Sangramdas Pandor-Investigation officer	Exh. 24

6. While no appearance is made by respondents despite service of notice of this court, the learned APP has invited attention of this court to above referred oral and documentary evidences on record and has submitted that necessary ingredients of the provision were brought home by pointing out to the trial court in the oral evidence that the respondents had quarreled and abused and threatened the complainant with life as also derogated him by caste name. Learned APP drew attention of this court to the caste certificates of accused persons at Exh. 21, 22 23 and would contend that an evidence that the respondents were the members of the Chaudhary community which is not a Scheduled Caste or Scheduled Tribe, was brought home, satisfying the ingredients of section 3(1)(10) of the Atrocity Act. It was contended that derogatory utterance in public made by the respondents in caste name were established and therefore, reasons to the contrary recorded by the court below are perv