JUDGMENT :

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 15.01.2008, passed in Sessions (Atrocity) Case No. 24 of 2004 by the learned Additional Sessions Judge, 6th Fast Track Court, Veraval, recording the acquittal.

2. Facts in brief are that on 11.07.2002, the respondents - accused, on account of old grudge, gave abuses to the complainant against his caste and then, beat up the complainant with kick and fist blows and thus, the accused committed the offences punishable under Section 323, 504 and 114 of the Indian Penal Code, 1860 (IPC) and Section 3(i)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocity) Act, 1989 (Atrocity Act) for which, FIR came be to registered against them.

2.1 Upon FIR being filed, investigation started and the Investigating Officer recorded statements of several witnesses and produced certain documentary evidence and after completion of the investigation, Charge-sheet was filed against the accused for the offence in question. The case was committed to the Sessions Court and the learned trial Judge framed the Charge. Since the accused