JUDGMENT :

RAJENDRA M. SAREEN, J.

1. This Appeal is filed by the appellant - State of Gujarat under Section 378(1)(3) of the Criminal Procedure Code, 1973 against the judgment and order dated 14.07.2006 passed by the Additional Sessions Judge, Fast Track Court No. 3, Ahmedabad (Rural) in Special Atrocity Case No. 42 of 2004 acquitting the respondent nos. 1 to 3 - original accused from the offence punishable under sections 323, 504, 506(2) and 114 of Indian Penal Code, under section 3(1)(10) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities Act), 1989 and under section 135 of Bombay Police Act.

2. The case of the prosecution case is that the complainant namely Naranbhai Chhaganbhai Chavda is doing agricultural work in Makhiyav village. On 09.09.2004 at about 16.30 hours, the complainant was present in his farm and fetching water for his crops by machine from the canal. At that time, respondent nos. 1 and 3 came there and stopped the machine. They also started giving abuses to the complainant naming his caste. Thereafter, respondent accused No. 2, complainant and opponent - accused No. 1 struck complainant with stick on his right leg and went from there. Thereafter,