The presumption of innocence in criminal cases prevents appellate courts from overturning acquittals unless the trial judgment lacks a reasonable basis or is perverse.

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 Special Judge (Atrocity) and 2^nd Additional Sessions Judge, Bharuch (hereinafter referred to as “the learned Trial Court”) in Special Case - Atro No. 38/2010 on 23.03.2011, whereby, the learned Trial Court has acquitted the respondents for the offence punishable under Sections 323, 504, 506(2) 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. 1 – Valibhai Adambhai Patel had expired on 08.11.2018 and the death certificate is issued by Talati Cum Mantri of Vahlu Gram Panchayat, Taluka & District Bharuch hence, the appeal qua the respondent no. 1 stands abated.

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 The complainant - Rajeshbhai Kushalbhai Parmar was the owner of agricultural land bearing survey nos. 275 and 280 situated in village Vahlu and the land was mortgaged with the accused no. 1 for Rs. 70,000/-. The complainant had paid an amount of Rs. 1,54,000/- and had released the mortgage and had given a public notice in the daily newspaper Divya Bhaskar on 25.05.2010 and had filed a caveat application on the next day. On 15.06.2010, being aggrieved by the action of the complainant, at around 09.00 am, the accused came to the house of the complainant and abused them as to why the notice had been given and also hurled caste slurs against the complainant. The accused no. 1 had a stick and he assaulted the complainant on the right leg and the accused no. 2 assaulted the complainant with fists on his chest. As the complainant shouted his cousin - Ranjitbhai Ishwarbhai Parmar intervened and saved him. The accused also abused Ranjitbhai and threatened to kill him. The complainant filed the complaint before the Bharuch Taluka Police Station under Sections 323, 504, 506(2), 114 of the Indian Penal Code and Section 3(1)(10) of the Atrocity Act which came to be registered as Bharuch Taluka Police Station II – C.R. No. 44 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, Bharuch and as the said offences against the accused were exclusively triable by the Court of Sessions, the case was committed to the Sessions Court, Bharuch as per the provisions of Section 209 of Code of Criminal Procedure and the case was registered as Special Case - Atro No. 38/2010

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. 5 was framed against the accused and the statements of the accused was recorded at Exhs. 6 and 7 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 7 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 accu