JUDGMENT :

NISHA M. THAKORE, J.

1. The present appeal is filed at the instance of the State under Section 378(1)(3) of the Code of Criminal Procedure, 1973 directed against the impugned judgment and order of acquittal dated 1.10.2007 passed by Court of learned Special Judge, Panchmahals at Godhra in Special Case No. 16 of 2007 (Atrocity). By the said impugned judgment and order, the respondent nos. 1 and 2-original accused were acquitted for the offences alleged under Sections 323, 504 read with Section 114 of the Indian Penal Code and Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as the “Atrocity Act 1989”) and Section 135 of the Bombay Police Act.

2. In nutshell the facts giving rise to the present appeal are as under:

2.1. The complainant-Kaliben Chatrabhai Harijan had lodged a complaint before the Police Inspector, Santrampur Police Station, which was registered as CR-II No. 23 of 2006 for the offences alleged under Sections 323, 504 read with Section 114 of the Indian Penal Code and Section 3(1)(10) of the Atrocity Act and Section 135 of the Bombay Police Act.

2.2. According to the case of the complainant