IMPORTANT POINT
The main legal point established in the judgment is the principle that in an appeal against acquittal, the appellate Court should not interfere with the finding of acquittal recorded by the Trial Court if two reasonable conclusions are possible on the basis of the evidence on record. The judgment also emphasizes the need for comprehensive appreciation of evidence and the double presumption in favor of the accused in cases of acquittal.

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 Superintendent. It is alleged in the complaint that on 13.09.2006 at about 21.00 hours, the complainant returned back on his scooter after attending his service and when he reached near Shivam Shop near Patel Samaj Road one motorcycle came from behind and intercepted the complainant’s scooter. The motorcycle was being driven by the respondent – accused No.1 who was serving in Sonalkrupa Travels. As the complainant was serving at Jamjodhpur S.T. Depot, he knew the respondent- accused. The respondent-accused asked the complainant as to why he had stopped the buses of the accused travel’s company as they have alleged that the complainant had stopped two buses and thereafter, it is alleged that the accused started to give foul abuses related to his caste. In the meantime, the accused – respondent No.2 who was serving in Momai Travels Company, also came to the spot and had started giving foul abuses relating to his caste. It is also alleged that the respondents – accused gave kick and fist blows to the complainant and torn the clothes worn by the complainant. The respondents threatened the complainant to kill him.

b) A complaint was registered before the Jamkhambhalia Police Station as I-36 of 2006 under the above mentioned Sections. Statement of the concerned witnesses were recorded, panchnama of the place of incident as also the inquest panchanama was also recorded. The Recovery panchnama was drawn in the presence of the panch witnesses and thereafter, the complainant was sent to the Hospital for treatment. The investigation was conducted and upon completion of investigation, the accused persons were charge-sheeted for the aforesaid offences. The case was committed to the Court of the learned Judicial Magistrate First Class but as the powers are vested with the learned Sessions Court, the same was transferred to the learned Sessions Judge where it was registered as Special Criminal Case No.44 of 2006. The accused pleaded not guilty to the charge and claimed to be tried. Therefore, the prosecution led evidence and on conclusion of the trial, the learned Sessions Judge passed the above judgment and order of acquittal.

5. At the time of the trial, the prosecution examined the following witnesses :-