JUDGMENT :

Ashokkumar C. Joshi, J.

1. The present Appeal is preferred by the Appellant-State of Gujarat under Section 378(1)(3) of the Criminal procedure Code, 1973, against the impugned judgment and order passed in Atrocity Case No. 42 of 2008 by the learned Special Judge and 2nd Additional Sessions Judge, Vadodara dated 25.3.2010, recording the acquittal of the Respondents/Original Accused Persons for the charges under Sections 323, 504, 114 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”) and Section 135 of the B.P. Act.

2. The Appeal was Admitted on 17.1.2011. During the course of hearing, learned Advocate Ms. Richa Shah, appearing on behalf of the Respondent Nos. 1 to 4 has submitted that Respondent No. 4-Kalidas Narrotambhai Bariya has expired. She has placed on record the death certificate.

3. In view of the statement made by learned Advocate Ms. Richa Shah that Respondent No. 4-Kalidas Narrotambhai Bariyha has expired, the Appeal stands abated qua Respondent No. 4 and the Appeal is now confined to Respondent Nos. 1 to 3.

4. The brief facts leading to the filing of this Appeal are that the complainant Manilal Nathabhai Solanki residing at Kavitha, Taluka Sankheda, District Vadodara is working as Branch Post Master at the relevant time and his wife Jyotsnaben was a member of Kavitha Gram Panchayat and also Chairman of Justice Committee of Local Panchayat. One Karsanbhai Tadvi is Sarpanch of the said Gram Panchayat. That on 16.5.2008, a raid was conducted by Bodeli Police at Kavitha Village and the Respondent No. 1-Arvindbhai @ Lotiya Kalidas Bariya was suspecting the complainant for the same. That on 16.5.2008 in the field of one Karsanbhai Bariya, wood was cut but it was not known as to who had cut the wood and a three wheeler cycle was found from the said place which was handed over to the Sarpanch Karsanbhai Tadvi by Karsanbhai Bariya and it was found that the said cycle was of Respondent No. 1. A complaint to the said effect was also given at Morkhala Thana and on the date of the incident i.e. on 17.5.2008 at 6:30 p.m. some people gathered at the place of the sarpanch viz. Dy. Sarpanch Ajay Gopalbhai, Sarpanch Karsanbhai Tadvi, Karsanbhai Bariya and the Respondents, the Complainant and others. The complainant asked Karsanbhai Bariya as to what to be done with regard to the cycle and thereupon Respondent No. 1 got excited and called the complainant as “Khalpa” and also used some abusive language and said the complainant not to speak anything in case of Bariya community and the Respondent No. 1 also assaulted the complainant and other Respondents aided and abetted him. The Respondent No. 1 also threw a stone to the complaint due to which blood clotted below. The Respondents also torn off bush shirt and banyan of the complainant. On the aforesaid facts, a complaint was given by the complainant on 17.5.2008 at Bodeli Police Station.

5. Upon such FIR being filed, investigation started and the Investigating Officer recorded statements of as many as 10 witnesses and produced number of documentary evidence, and after completion of the investigation, Charge-sheet was filed against the accused persons for the offences in question. The case was committed to the Sessions Court and the learned Sessions Judge framed the Charge. Since the accused did not plead guilty, trial was proceeded against the accused. Vide impugned judgment and order dated 25.3.2010, the learned Sessions Judge acquitted the accused persons. Being aggrieved by the same, the State has preferred the present appeal.

6. Heard, learned APP Mr. Ronak Raval for the appellant-State and learned Advocate Ms. Richa Shah for the Respondents/Original Accused.

7. The learned Additional Public Prosecutor Mr. Ronak Raval has mainly contended that the learned trial Judge has erred in holding that the prosecution has failed to prove its case beyond reasonable