JUDGMENT :

(S.V. PINTO, J.)

1. This appeal has been filed by the appellant – State under Section 378(1)(3) of the Code of Criminal Procedure, 1973 (hereinafter referred to as ‘the Code’) against the judgment and the order dated 27.05.2010 in Atrocity Cri. Case No.30 of 2008 passed by the learned Special Judge, Court No.18 Ahmedabad (hereinafter referred to as ‘the Trial Court’), whereby, the Trial Court has acquitted the respondents – accused from the offences punishable under Sections 323, 294(2) and 506(2) of the Indian Penal Code (hereinafter referred to as ‘the IPC’) and Section 3(1) (10) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as ‘the Atrocity Act’). The respondent is hereinafter referred to as ‘the accused’ as he stood in the rank and file in the original case, for the sake of convenience, clarity and brevity.

2. The relevant facts leading to filing of the present appeal are as under:

2.1. The complainant Jaynarayanbhai Bhajanrao Mahar and the accused are residing in the same area and on 09.08.2003 at about 2:00pm, the complainant was passing in front of the house of the accused and as there was a rain fall, the p