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, respondent accused No. 3 came to know about earlier incident. He got excited and went to the house of the complainant. PW No. 3 - complainant's wife was present at home. Respondent accused No. 3 pushed her outside from her house by holding her upper arm and gave threat to kill her and also gave abuses to her in filthy language. When the complainant returned home, PW No. 3 disclosed about the said incident to him. Thereafter, the complainant along with PW No. 2 Mafabhai Narsingbhai went to the Police Station and lodged a complaint against the respondents - accused before the police station. Police authority registered the offence and carried out investigation. Investigating officer visited the place of occurrence and prepared panchnama of scene of offence and recorded statements of concerned witnesses and recovered the weapon and arrested the respondents accused. After completing the investigation chargesheet was filed. The opponent accused faced the trial in Special Atrocity Case No. 42 of 2004 for the offence punishable under sections 323, 504, 506(2) and 114 of Indian Penal Code and under section 135 of Bombay Police Act and section 3(1)(10) Atrocity Act.

2.2. The Additional Sessions Judge, after appreciating the evidence on record, acquitted the respondents herein -original accused from the charges levelled against them.

2.3. Being aggrieved by and dissatisfied with the aforesaid judgment and order of acquittal, present appeal has been filed by the appellant - State.

3. Learned APP Mr. R.C. Kodekar for the appellant State has vehemently argued that the Sessions Court has committed a grave error in not believing the deposition of the witnesses examined by the prosecution. He has further submitted that the Sessions Court has erred in acquitting the respondents - accused from the charges levelled against them. He has further argued that the prosecution has proved that the respondents have committed offence under sections 323, 504, 506(2) and 114 of Indian Penal Code and under section 135 of Bombay Police Act and section 3(1)(10) of Atrocity Act, however, the Sessions Court has acquitted the respondents accused merely on some minor contradictions and omissions in the evidence of the witnesses and erred in not believing the evidence of the investigating officer who had no reason to implicate the accused falsely in the case. He has further submitted that the offence punishable under sections 323,504, 506(2) and 114 of Indian Penal Code and under section 135 of Bombay Police Act and section 3(1)(10) of Atrocity Act is made out against the accused, however, the same is not believed by the Sessions Court and erroneously acquitted the accused.

Making above submissions, he has requested to allow the present appeal.

4. Mr. S.S. Saiyed, learned advocate for the re