JUDGMENT :

1. Heard learned APP Ms. Jirga Jhaveri for the appellant - State and learned advocate Ms. Samata V. Patel for the respondent No. 1 at length.

2. The State has filed this acquittal appeal challenging the judgment and order dated 22.2.2008 passed by the learned Special Judge, Narmada (Rajpipla) in the Special Atrocity Case No. 1 of 2008 for the offences punishable under Sections 323, 504 and 506(2) of the Indian Penal Code and Section 3(1)(10) of the Atrocity Act, 1989.

3. The brief facts of the case are that the complainant Kantibhai Mohanbhai Rohit registered a complaint on 10.6.2007 at about 9:30 hours, with the Tilakvada Police Station, Bharuch for the offences punishable under Sections 323, 504 and 506(2) of the Indina Penal Code and under Section 3(1)(10) of the Atrocity Act, 1989, stating that the complainant Kantibhai Mohanbhai Rohit is residing at Limpura, Taluka: Tilakvad and the Talapura Village is located near the Limpura Grampanchayat. That, at the time of incident, at night, the work of Pond of the village was going on for digging the pond through the Government Policy and spreading the soil in the surrounded area of the pond. During that time, when the Sarpanch