The appellate court upheld the trial court's acquittal, emphasizing the presumption of innocence and the necessity of compelling evidence to overturn such judgments.

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 31/08/2007 passed by the learned Additional Sessions Judge and Presiding Officer, Fast Track Court No.3, Bharuch (hereinafter referred to as “the trial court”) in Sessions Case No.70 of 2007, whereby, the learned Trial Judge has acquitted the original accused respondents herein for the offence punishable under Sections 323, 504, 114 of the Indian Penal Code (for short “the IPC”), Section 135 of the Bombay Police Act and Sections 3 and 5 of the Panchayat Act .

1.1 At the outset, it may be noted that the respondent No.1 – Bharatbhai Ishwarbhai Rathod (original accused No.1), having expired pending the appeal, the appeal stands abated qua the said respondent No.1.

2. The brief facts giving rise to the present appeal are that, the complainant Sirajbhai Alibhai Patel lodged complaint before Vagra Police Station against the accused persons for the offences punishable Under Sections 323, 504, 114 of the Indian Penal Code, Section 135 of the Bombay Police Act and Sections 3 and 5 of the Panchayat Act. It is the case of the prosecution that on 09/04/2006, in the afternoon, accused no.1 Bharat Ishwarbhai Rathod left his cattles into the farm of the complainant for grazing and caused damage to Cotton-crop. Therefore, the complainant went to accused no.1 and asked him to take back his cattles and pursuant to that, accused no.1 got provoked, inflicted stick blows on the legs of the complainant and also abused the complainant by using filthy language. Thereafter, accused no.2, father of the accused no.1 and accused no.3, mother of the accused no.1, came there and they all inflicted fist blows on the complainant.

2.1 On the basis of the said complaint, investigation was initiated and after thorough investigation as there was sufficient evidence against the respondents-accused persons, charge sheet was filed before the learned Judicial Magistrate First Class, Vagra. 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 Additional Sessions Judge and Presiding Officer, Fast Track Court No.3, Bharuch, which was numbered as Sessions Case No.70 of 2007. Thereafter, charge was framed against them for the offence punishable under Sections 323, 504, 114 of the Indian Penal Code, Section 135 of the Bombay Police Act and Sections 3 and 5 of the Panchayat Act. The accused persons pleaded not guilty to the charges and claimed to be tried. The prosecution therefore, led evidence. The Prosecution had examined 9 witnesses as well as produced 8 documentary evidences on the record of the case, which are as under :

Oral Evidence :

Witnesses regarding the complaint:-

Medical Evidence:-

Sr.No.	Witness No.	Name of the Witness	Particulars	Exhibit
05	03	Dr. Pravinkumar Shriramnandan Sinh	Medical Officer who examined the Injured	14

Other Witnesses:-

Sr.No.	Witness No.	Name of the Witness	Particulars	Exhibit
06	04	Kalpeshkumar Prajivandas Modi	Clerk of Collector Office	17
07	07	Mohamad Adambhai Muse	Member o