JUDGMENT :

ASHOKKUMAR C. JOSHI, J.

1. This appeal is filed by the appellant-State under Section 378(1)(3) of the Code of Criminal Procedure, 1973 challenging the judgment and order dated 30.09.2010, passed in Special (Atrocity) Case No. 14 of 2009 by the learned Special Judge and Additional District Judge, Porbandar, recording the acquittal.

2. Facts in brief are that on 06.07.2009, the respondents-accused, with a view to grab the land belonging to the original complainant, went to his place and trespassed, and then gave abuses to the complainant and others against his caste and assaulted the complainant with wooden log and knife etc. and also threatened him to kill and thereby, the accused committed the offences punishable under Section 452, 323, 324, 504, 506(2), 143, 147, 148 and 149 of the Indian Penal Code, 1860 (IPC) and Sections 3(1)(v) and (x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocity) Act, 1989 (Atrocity Act) and Section 135 of the Bombay Police Act, for which, FIR came to be registered against them.

2.1 Upon FIR being filed, investigation started and the Investigating Officer recorded statements of several witnesses and produced certain documentary