JUDGMENT :

NISHA M. THAKORE, J.

1. The present appeal at the instance of the State under Section 378(1)(3) of CRIMINAL PROCEDURE CODE , 1973 is filed against the judgment and order dated 3rd November, 2007 passed by the learned Additional Sessions Judge & Special Judge, Dhrangadhra in Special Case No. 5 of 2007 challenging the aforesaid order of acquittal of the respondent no. 1-original accused for the offences alleged under Sections 323 , 504, 506(2) of INDIAN PENAL CODE , Section 135 of the BOMBAY POLICE ACT , as well as, Sections 183 and 184 of the Gujarat Panchayat Act , and Section 3(1)(x) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 (hereinafter referred to as ‘the Atrocity Act, 1989’ for the sake of convenience).

2. The case put-forward by the prosecution by referring to the allegations made by the original complainant are as under:

2.1 The complainant, Jesingbhai Tejabhai Makwana belongs to Scheduled Caste being ‘Hindu-Vankar’ as recognized by the State Government, is a resident of Mithagodha Village, Taluka Patdi, District Surendranagar, has approached the Zinjuvada Police Station, with a complaint which is registered as C.R. No. II-3008 of