JUDGMENT :

1. Heard learned APP Ms. Jirga Jhaveri for the appellant – State and learned advocate Mr. Amit Joshi with learned advocate Ms. Rupal Thakore for the respondents at length.

2. The State has filed this acquittal appeal challenging the judgment and order dated 15.02.2007 passed by the learned Special Judge (Atrocity), Fast Track Court No.2 at Bharuch in the Special Atrocity Case No. 43 of 2006 for the offences punishable under Sections 325, 504 and Section 114 of the Indian Penal Code and under Section 3(1)(10) of the Atrocity Act, 1989.

3. The brief facts of the case are that the complainant viz., Kantibhai Rathod, has filed a complaint on 18.11.2005 at about 1:30 P.M. That, while complainant was sitting at his house, at that time, the accused – Ashokbhai Sukabhai came with axe, the accused – Arvindbhai Sukabhai came with hockey and the accused Mukesh Sukhabhai Bhaliya came with stick and assaulted the complainant with weapons like axe, hockey and stick and caused injuries to the complainant. That, as per the case of the prosecution, the accused persons have also given filthy abuses to the complainant and told to withdraw the atrocity cases filed against the them. That, th