JUDGMENT :

(S.V. PINTO, J.)

1. The 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 Special Judge, (Atrocity) Court No. 18, Ahmedabad City (hereinafter referred to as “the learned Trial Court”) in Atrocity Case No. 29/2009 on 14.07.2010, whereby, the learned Trial Court has acquitted the respondent nos. 2 and 3 for the offence punishable under Sections 323, 506(1), 294A and 114 of IPC and Section 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.

1.2 During the pendency of the appeal, the respondent no. 1 had expired and therefore, the appeal qua the respondent no. 1 was abated.

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

2.1 On 09.07.1997 the complainant - Bhogilal Dahyabhai Vaghela along with Rameshbhai Shankarbhai, Jayantibhai Khushalbhai, Bhikhabhai Jeevabhai and Dhanjibhai Khanabhai were having lu