IMPORTANT POINT
An appellate court must respect acquittals and only intervene if the trial court's judgment is legally erroneous or misinterprets evidence, maintaining the presumption of innocence.

JUDGMENT :

HEMANT M. PRACHCHHAK, J.

1. The present appeal is filed by the appellant-State of Gujarat (original complainant) under Section 378(1)(3) of the Code of Criminal Procedure, 1973 (for short “Cr.P.C.”) against the judgment and order of acquittal dated 29/08/2009 passed by the learned Presiding Officer and Additional Sessions Judge, Fast Track Court No. 2, Deesa-Camp court Deodar (hereinafter referred to as “the trial court”) in Special Case No. 12 of 2007, whereby, the learned Special Judge has acquitted the original accused respondents herein for the offence punishable under Sections 147, 148, 149, 323, 504, 506(2) of the Indian Penal Code (for short “the IPC”) read with the provisions of Section 3(1)(10) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1981 (for short “the Atrocities Act”).

2. The brief facts giving rise to the present appeal are that, the complainant Visaji Dungraji Gohil, Residing at: Khimna-Vas, Ta: Vav, registered a complaint against present respondents accused with Vav Police Station, which was registered as I-CR No. 24 of 2005 for the offences punishable Under Sections 147, 148, 149, 323, 504 and 506(2) of Indian Penal Code and Section 3(1)(10) of the Atrocities Act. It is the case of the prosecution that present respondents accused, on 12/06/2005, at about 9.00 hours, at Viillage: Khimna-Vas, formed an unlawful assembly by holding deadly weapons like knifes and sticks, remained present in the meeting of Rilechi Group Seva Sahkari Mandali and because of prior dispute, respondent No. 1 snatched resolution book from the complainant, abused him against his mother and sister and against his caste, gave reason of provocation to the complainant with an intention to breach the public peace, threatened the complainant and witnesses to kill and also put them in danger by saying “Temni Pase License Vali Banduk Che, Je Meetingma Aado Aavse To Janthi Mari Nakhish” and respondent No. 1 inflicted knife blow on the left hand of Dhengabhai, accused Govindji inflicted bottom part of knife on Pathubhai and other accused persons attacked on them with sticks. Therefore, complaint was lodged by the complainant.

2.1 On the basis of the said complaint, investigation was initiated and as there was sufficient evidence against the present respondents-accused, charge sheet was filed against them before the learned Judicial Magistrate First Class, Vav. As the offences committed by the accused persons were exclusively triable by the Court of Sessions as per the provisions of 209 of Criminal Procedure Code, the learned Judge committed the case to the Court of Sessions and the case was transferred and placed for trial before the learned Presiding Officer and Additional Sessions Judge, Fast Track Court No. 2, Deesa-Camp court Diyodar, which was numbered as Special Case No. 12 of 2007. Thereafter, charge was framed at Exh.6 by the learned Sessions Judge against the respondent-accused for the offence punishable Under Sections 147, 148, 149, 323, 504 and 506(2) of Indian Penal Code and Section 3(1)(10) of the Atrocities Act. The respondents accused pleaded not guilty to the charges and claimed to be tried. The prosecution therefore, laid evidence.

2.2 In order to bring home charge, the prosecution has examined 11 witnesses as well as produced 12 documentary evidences on the record of the case, which are as under:

(A) Oral Evidence: