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 27.07.2010, passed in Atrocity Sessions Case No. 21 of 2009 by the learned Principal Sessions Judge, Rajkot, recording the acquittal.

2. Facts in brief are that on 04.03.2009, the respondents – accused, forming unlawful assembly, in furtherance of their common objection and assaulted the son, the nephew and the brother-in-law of complainant – Gitaben W/o. Keshubhai and gave kick and fist blows and also, insulted them of their caste in public and abused them. Further, the respondents – accused, having sword in hand, also threatened them to kill if they would appear in future at the spot. Thus, the accused committed the offences punishable under Sections 143, 147, 149, 323, 504, 506(2) and 188 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 to be registered against them.

2.1 Upon FIR being filed, investigation started and the Investigating Officer recorded statements of several witnesses and produced ce