JUDGMENT :

1. This Appeal is filed by the appellant under Section 378(1)(3) of the Criminal Procedure Code, 1973 against the judgment and order dated 11.09.2007 passed by the learned Additional Sessions Judge and 3rd Fast Track Court, Diodar in Special Case No.45 of 2007, acquitting the private respondents Nos. 1 to 3 – original accused from the offence punishable under sections 504, 506(2) and 114 of Indian Penal Code and under sections 3(1)(10) of the Scheduled Tribes (Prevention of Atrocities Act), 1989.

2. The brief facts of the prosecution case is that on 3.01.2007, the complainant Ishwarbhai Nagabhai Nesda registered a complaint against the accused persons at Suigam Police Station, with C.R. No.3001/2007, for the offences punishable under Sections 504, 506(2), 114 of the Indian Penal Code and Sections 3(1) (10) of the Atrocity Act, 1989, stating therein that the complainant is residing at Vav, and having three brothers. On 2.01.2007 at afternoon, the complainant gone to his farm and at that time the accused persons came to his house and all the accused abused the complainant by uttering obscene words in public relating to the mother and Sister of the complainant and also to his wife Sonaben and minor son Dhanji, and saying “Taro Dhani Vadhare Dahyo Thay Chhe, Te Aeklo Mali Jay to Janthi Mari Nakhavo Chhe, and Amari Aagal Tamari Shu Hesiyat Chhe Sala Kandao Tamoto Varsho Thi Amara Gulam Chho Jethi Ame Kahie Tem Karvu Padshe”. On hearing the shout of the complainant’s wife and accused persons Complainant’s mother Gomtiben and Uncle’s daughter came there and pacified them. Thereafter, the complainant filed a complaint with C.R.No.3001/2007, and the offence was registered at Suigav Police Station against the accused persons for offences punishable under Sections 504, 506(2), 114 of the Indian Penal Code and Sections 3(1) (10) of the Atrocity Act, 1989.

2.1 On the basis of the said complaint, investigation was initiated and as there was sufficient evidence against the respondent accused person, charge sheet was filed against them before the Learned Judicial Magistrate First Class, Palanpur. As the offences committed by the accused person was exclusively triable by the Court of Sessions as per the provisions of 209 of Criminal Procedure Code, the Learned Judge was pleased to commit the Case to the Court of Sessions and the case was transferred and placed for trial before the Additional Sessions Judge, FTC-3, Deesa, which has been numbered as Special (Atro.) Case No.45 of 2007. Thereafter, charge was framed against him for the offence punishable Under Sections 504, 506(2), 114 of the Indian Penal Code and Sections 3(1) (10) of the Atrocity Act, 1989. The accused person pleaded not guilty to the charges and claimed to be tried. The prosecution therefore laid evidence. The Prosecution has examined 7 witnesses as well as produced 6 documentary evidences on the record of the case. At the conclusion of the trial, Additional Sessions Judge, FTC-3, Deesa, Palanpur was pleased to acquit all the accused persons - respondents from the charges of offences against him punishable under Sections 504, 506(2) and 114 of the Indian Penal Code and Sections 3(1) (10) of the Atrocity Act, 1989. Hence this appeal.

3. Heard the learned advocates for the respective parties and perused the impugned judgment and order of acquittal. Re-appreciated the entire evidence on record. Since the respondent No.3 died during the pendency of the proceedings, present appeal stands abated qua respondent No.3.

4. Before adverting to the facts of the case, it would be worthwhile to refer to the scope in Acquittal Appeals. It is well settled by is catena of decisions that an appellate Court has full Power to review, re-appreciate and consider the Evidence upon which the Order of Acquittal is founded. However, the Appellate Court must bear in mind that in case of Acquittal, there is prejudice in favour of the Accused, firstly, the presumption of innocence is available to him