In acquittal appeals, evidence must prove guilt beyond reasonable doubt; presumption of innocence remains unless proven otherwise.

JUDGMENT :

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 Special Judge and 7^th Additional Sessions Judge, Junagadh (hereinafter referred to as “the learned Trial Court”) in Atrocity Sessions Case No. 28/2010 on 05.04.2012, whereby, the learned Trial Court has acquitted the respondents for the offence punishable under Sections 323 , 504, 506(2) and Section 114 of the 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 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 25.06.2010, at around 08.30 am, the complainant - Amrabhai Meghabai Singal had gone to his agricultural field situated in the Naredi village with his wife Rasilaben Amrabhai Singal and son Rajeshbhai Amrabhai Singal and found that the accused whose field is adjoining the field of the complainant had broken the edge of the field and were diverting gutter water into the field of the complainant. The complainant asked the accused why they were doing so and the accused got angry and assaulted the complainant and hurled caste slurs against the complainant. The complainant - Amrabhai Meghabai Singal filed a complaint at the Vanthali Police Station under Section 323 , 504, 506(2) and 114 of the INDIAN PENAL CODE , 1860 and Section 3(1)(10) of the Atrocity Act which came to be registered Vanthali Police Station II – C.R. No. 3059 of 2010.

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 Judicial Magistrate First Class, Vanthli and as the said offences against the accused were exclusively triable by the Court of Sessions, the case was committed to the Sessions Court, Junagadh as per the provisions of Section 209 of Code of Criminal Procedure and the case was registered as Atrocity Sessions Case No. 28/2010.

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. 1 was framed against the accused and the statement of the accused was recorded at Exhs. 2 and 3, 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 9 witnesses and produced 10 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 and after the arguments of the learned Additional Public Prosecutor and the learned advocate for the accused were heard, the learned Trial Court by the impugned judgement and order was pleased to acquit all the accused from the charges levelled against them.

3. Being aggrieved and dissatisfied with the said judgment and order of acquittal, the appellant - State has filed the present appeal mainly stating that the impugned judgmen