JUDGMENT :

S.H. VORA, J.

1. Present Criminal Appeal is filed by the appellant-State being aggrieved by the judgment and order passed by the learned Additional Sessions Judge, Mehsana Camp at Patan dated 11.5.1994 in Special (Atrocity) Case No. 1 of 1994 whereby the learned Judge has acquitted all 9 accused/respondents from the offence punishable under sections 147, 302 read with section 149 of Indian Penal Code and under sections 3(1)(x) and 3(1)(i) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocity) Act (hereinafter referred to as “the Atrocity” Act) and under section 135 of Gujarat Police Act.

2. Brief case of the prosecution is that the deceased Rambhai Sendhabhai is resident of village Nortol and belong to Scheduled Caste community. On the date of incident when the deceased was at his home, at that time, accused No. 1 came to the house of the complainant-Gomtiben and took away the deceased Rambhai Sendhabhai in a tractor wherein other accused were also present. As per the case of the prosecution, the deceased was beaten by the accused in the tractor and thereafter he was handed over to the police and the deceased died in the police custody. Subsequently, complaint