In acquittal appeals, the presumption of innocence prevails, and interference is only justified if the lower court's decision is perverse or illegal; evidence must establish guilt beyond a reasonable doubt.

JUDGMENT :

S.V. PINTO, J.

1. The appeal is filed by the appellant State under Section 378 of the Code of Criminal Procedure, 1973 against the judgement and order of acquittal passed by the learned 7th Additional Sessions Judge and Special Judge, Jamnagar (hereinafter referred to as “the learned Trial Court”) in Special Criminal (Atrocity) Case No. 33/2011 on 25.06.2013, whereby, the learned Trial Court has acquitted the respondents for the offence punishable under Sections 323 , 324, 504 and 114 of INDIAN PENAL CODE , 1860 and Section 3(1)(10) of Schedule Caste and Schedule Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as “the Atrocity Act” for short).

1.1 During the pendency of the appeal, the respondent no. 2 has expired and as per the order dated 21.09.2022 of this Court, the appeal qua the respondent no. 2 has become infructuous and has been disposed off.

1.2 The respondents are hereinafter referred to as “the accused” in the rank and file 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 On 18.06.2011 at around 19.45 hours, Pritesh - the son of the accused no. 1 was shouting abuses in Hirasar Vaas opposite the house of the complainant - Manojbhai Bhikhabhai Dagra. The complainant went to tell the accused no. 1 and at that time the accused no. 1 got angry and assaulted the complainant. Gauriben - the sister-in-law of the complainant intervened and while the accused no. 1 was trying to assault the complainant with a scissor, Gauriben got injured on the middle finger of her left hand. The accused no. 2 was also abusing the complainant and both the accused were hurling caste slurs against the complainant. The complainant Manoj Bhikhabhai Dagra filed the complaint at Jamnagar City "A" Division Police Station under Sections 323 , 324, 504 and 114 of the INDIAN PENAL CODE , 1860 and Section 3(1)(10) of the Atrocity Act which came to be registered at Jamnagar City "A" Division Police Station I – C.R. No. 204 of 2011.

2.2 The Investigating Officer recorded the statements of the connected witnesses and seized the necessary documents and after completion of investigation, a charge- sheet came to be filed before the Court of the Chief Judicial Magistrate, Jamnagar and as the said offences against the accused were exclusively triable by the Court of Sessions, the case was committed to the Sessions Court, Jamnagar as per the provisions of Section 209 of Code of Criminal Procedure and the case was registered as Special Criminal (Atrocity) Case No. 33/2011

2.3 The accused were duly served with the summons and the accused appeared before the learned Trial Court and it was verified whether the copies of all the police papers were provided to the accused as per the provisions of Section 207 of the Code. A charge at Exh. 3 was framed against the accused and the statements of the accused was recorded at Exhs. 4 and 5, wherein, the accused denied the contents of the charge and the entire evidence of the prosecution was taken on record.

2.4 The prosecution examined 13 witnesses and produced 9 documentary evidences on record in support of their case and after the learned Additional Public Prosecutor filed the closing pursis, the further statement of the accused under Section 313 of the Code of Criminal Procedure, 1973 was recorded, wherein, the accused refused to step into the witness box but stated that they wanted to examine one witness and examined one defence witness on his behalf. After the arguments of the learned Additional Public Prosecutor and the learned advocate for the accused were heard, the learned Trial Court