JUDGMENT :

1. The present Appeal is directed against the impugned judgment and order in Special Case No. 27 of 2005 by the learned Additional Sessions Judge and Special Judge, Dhrangadhra dated 25.9.2007 recording the acquittal for the charges under Section 323, 504, 506(2) of the Indian Penal Code and Section 3(1)(10) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 (hereinafter referred to as “the Atrocities Act”).

2. The facts of the case briefly are that complainant – Lakhabhai Rupabhai Makwana has filed a complaint before the P.S.O. Dhrangadhra Taluka Police Station and according to the complaint, on 17.2.2005, complainant and prosecution witness Naranbhai Prabhubhai were sitting on Otla of Shaktimata’s Mandir at village Virendranagar. At the relevant point of time, the Respondent – Accused, who was going on Motor Cycle was called by the complainant and he was informed to remove stones from his field as he was intending to cultivate the field. Therefore, the Respondent Accused got excited and gave filthy abuses to the complainant and prosecution witnesses relating to the caste of the complainant and gave him a kick and fist blow and also administer