JUDGMENT :

HEMANT M. PRACHCHHAK, J.

1. Present appeal is filed by the appellant-State of Gujarat under Section 378(1)(3) of the Criminal Procedure Code, 1973 against the impugned judgment and order dated 27.03.2008 passed by the learned Additional Sessions Judge, Fast Track Court No. 3, Deesa, Camp at Diyodar (hereinafter be referred to as “the trial Court”) in Special (Atrocity) Case No. 140 of 2007 for the offences punishable under Sections 504, 506(2) of the Indian Penal Code and under Section 3(1)(x) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter be referred to as “the Atrocity Act”) whereby the trial Court has acquitted the accused for the alleged offence.

2. Brief facts of the present case, in nutshell, are as under:

2.1 It is the case of the prosecution that on 07.06.2006 at about 8.00 am the complainant was serving as driver in Bhabhar Nagarpalika was on duty and while he was passing through the market, the accused having shop in the market, who has put up coconut cotton bag outside the shop which was causing hindrance. It is alleged that the complainant told the accused to remove the coconut cloth bag on the way and in turn,