JUDGMENT :

S.V. PINTO, J.

1. The present present appeal is filed by the appellant State under Section 378(1)(3) of the Code of Criminal Procedure, 1973 against the judgement and order of acquittal passed by the learned 3^rd Additional District and Sessions Judge, Surat (hereinafter referred to as “the learned Trial Court”) in Special Atrocity Case No. 16/2007 on 01.06.2009, whereby, the learned Trial Court has acquitted the respondents for the offence punishable under Sections 143, 147, 148, 149, 323, 325, 504 and 337 of IPC and Sections 3(1)(10) of Schedule Caste and Schedule Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as “the Atrocities Act”).

1.1 The respondents are hereinafter referred to as “the accused” as they stood in the original case for the sake of convenience, clarity and brevity.

2. The brief facts that emerge from the record of the case are as under:

2.1 The complainant - Jitubhai Dahyabhai Rathod has filed the complaint on 17.03.2007 stating that Deepakbhai Pravinchandra Vyas has a lease for sand mining next to his lease and on 17.03.2007, while he was at his lease along with Nanubhai Magjibhai Dodiya Patel, Kamabhai Delad, Punabhai and Bikhubhai;