An appellate court's power to review acquittal is limited to preserving the presumption of innocence unless there are compelling reasons to deviate from the trial court's findings.

JUDGMENT :

1. This appeal has been 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 learned 4^th (Ad-hoc) Additional Sessions Judge & Special Judge, Dhrangadhra (hereinafter referred to as "the learned Trial Court") in Special (Atrocity) Case No. 41 of 2012 on 31.05.2014, 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 (hereafter referred to as "IPC" for short) and Section 3 (I) (x) and 3 (i)(iv) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as “Atrocities Act”) and Section 135 of the GUJARAT POLICE ACT .

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 The complainant Nanjibhai Tabhabhai Vania had taken the agricultural land of Nanjibhai Govindbhai Vania residing at Narichana for cultivation and the same was not liked by the accused and on 3-6- 2012 at around 3.30 am, while the complainant and others were doing agricultural work in the field the accused Nos. 1 and 2 came and asked the complainant why had he taken the field of Nanjibhai Govindbhai for cultivation. The complainant told them that he was given the same by Nanjibhai Govindbhai and both the accused got agitated and used caste slurs and threatened to cut the complainant. The accused No. 1 slapped the complainant and hit the iron-pipe, which was in his hand on the left flank of the complainant and the accused No. 2 gave one blow with the pipe on the left leg of the complainant. Thereafter, early morning at around 5 am, all the three accused were abusing and passing by the house of the complainant and at that time witness Bharat restrained them from using abusive language and the accused No. 3 caught hold of the collar of the witness and the accused Nos. 1 and 2 assaulted him with fists and caused him injuries and used abusive language and threatened to kill them, if they would cultivate the land. The complainant Nanjibhai Tabhabhai Vania filed the complaint at the Dhangadra Taluka Police Station under Sections 323 , 504, 506(2) and 114 of IPC, 1860 and Section 3(i)(x) of the Atrocities Act, which was registered as II – C.R.No. 3043 of 2012.

2.2 The Investigating Officer recorded the statements of the connected witnesses and seized the necessary documents and after completion of investigation, a chargesheet came to be filed before the Court of Judicial Magistrate First Class, Dhrangadhra and as the said offences against the accused was exclusively triable by the Court of Sessions, the case was committed to the Sessions Court, Dhrangadhra as per the provisions of Section 209 of the Code of Criminal Procedure and case was registered Special (Atrocities) Case No. 41 of 2012.

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. 8 was framed against the accused and the statements of the accused were recorded at Exh. 9 to 11, wherein, the accused denied all the contents of the charge and the entire evidence of the prosecution was taken on record.

2.4 The prosecution produced sixteen oral evidences and fifteen documentary evidences to bring home charge against the accused and after the learned Ad