JUDGMENT :

1. Though served, respondents No.1 and 2 have chosen not to appear. Learned Advocate Mr. Neeraj Soni is appointed as Amicus to assist the Court.

2. The accused No.1–Bhikhabhai had expired on 29.08.2013. The Death Certificate is produced on record qua the accused No.1. Therefore, the Appeal stands abated qua accused No.1.

3. By way of this Appeal, the Appellant – State has felt aggrieved by the judgment and order of acquittal dated 13.04.2007 of the learned Special Judge and Additional Sessions Judge, Fast Track Court No.1, Khambalia, in Special Criminal Case No.44 of 2006 whereby the respondents herein were acquitted of the offences punishable under Sections 332, 323, 504, 506(2) and 114 of the Indian Penal Code and under Section 3(1)(10) of The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to in short as ‘the Atrocities Act’).

4. The case in brief and the incident which occurred on 13.09.2006 are as under :-

a) The complainant – Nagabhai Rudabhai Makwana gave a complaint before the Jamjodhpur Police Station on 13.09.2006 to the effect that he was residing alongwith his family and was serving as Assistant Traffic Superint