IMPORTANT POINT
The appellate court must uphold acquittals unless there is clear error in the trial court's evaluation of evidence, respecting 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 of the Code of Criminal Procedure, 1973 (for short “Cr.P.C.”) against the judgment and order of acquittal dated 22/01/2007 passed by the learned Presiding Officer and Additional Sessions Judge, Fast Track Court No.3, Gandhinagar (hereinafter referred to as “the trial court”) in Special Atro. Case No.26 of 2006, whereby, the learned Trial Judge has acquitted the original accused respondents herein for the offence punishable under Sections 323, 324, 325, 504 and 114 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”).

1.1 At the outset, it may be noted that the respondent No.1 – Sanjaybhai Ranchodbhai Patel, passed away on 13/05/2021 during the period of Covid Pandemic pending the present appeal, and therefore, the present appeal stands abated qua respondent No. 1 - Sanjaybhai Ranchodbhai Patel. The death certificate issued by the competent authority is placed on record.

2. The brief facts giving rise to the present appeal are that, the complainant Ashwinbhai Ramabhai Ravat lodged complaint before Chandkheda Police Station for the offences punishable Under Sections 323, 324, 325, 504 and 114 of Indian Penal Code & Section 3 (1)(10) of the Atrocity Act stating therein that on 01/01/2006, his brother witness Jitendrabhai Ramabhai Ravat went at Umiya Parlour, which was situated at Gujarat Housing Board Corner, Chandkheda, Gandhinagar where he bought lottery ticket and won Rs.50/- as price and demanded his price from accused no.1 and accused no.1 assured him that he would gave it the next day. In response to that on 13/1/2006, witness Jitendrabhai Ramabhai Ravat went at Parlour of accused no.1 and demanded his price of Rs.50/- where both the accused persons were present and they knew very well that witness Jitendrabhai belonged to Scheduled Caste, insulted him in public by giving filthy abuses against his caste. Accused no.1 inflicted bat blow on the head of Jitendrabhai and accused no.2 inflicted fist blows on Jitendrabhai by giving filthy abuses against his caste. After receiving information about the said incident from Vishal Prahladbhai Makwana, complainant Ashwinbhai Ramabhai Ravan shifted his brother at Chandkheda dispensary, and thereafter, he shifted him at Ahmedabad Civil Hospital for further treatment. 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 JMFC, Gandhinagar. However, as the case was triable by the court of Sessions, the Learned JMFC, Gandhinagar, committed the said case to the Sessions Court as per the provisions of 209 of Criminal Procedure Code. Thereafter, charge was framed against all the accused persons for the offences punishable under Sections 323, 324, 325, 504 and 114 of Indian Penal Code & 3 (1) (10) of the Atrocity 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 as mane as 12 witnesses as well as produced several documentary evidences on the record of the case, which are as under :

ORAL EVIDENCES :-

Eye Witnesses:-

Panch Witnesses:-