An acquittal can only be overturned on appeal if the trial court's judgment was unreasonable or unsupported by the evidence, emphasizing the presumption of innocence.

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 and Additional Sessions Judge, Anand (hereinafter referred to as “the learned Trial Court”) in Special Case Atro No. 20/2011 on 16.04.2013, whereby, the learned Trial Court has acquitted the respondents extending benefit of doubt for the offence punishable under Sections 323 , 504, 506(2) 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 Atrocity Act” for short).

1.1 During the pendency of the appeal, the respondent no. 2 – Bhaveshbhai Mahendrabhai Suthar expired on 23.10.2016 and the certificate of Sarpanch, Gram Panchayat, Magharol, Taluka Sojitra, District Anand is produced on record. In view of the same, the appeal qua the respondent no. 2 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 On 14.01.2011, at around 19.30 hours, Rameshbhai Naranbhai Rohit - the brother of the complainant Devjibhai Naranbhai Rohit was returning from his field and when he came to the Goya lake at village Magrol, the accused met him and as they had an earlier dispute about the road passing through their field, they assaulted him with fists and abused him and used caste slurs and threatened to kill him. The complainant - Devjibhai Naranbhai Rohit filed the complaint at the Sojitra Police Station under Sections 323 , 504, 506(2) and 114 of the INDIAN PENAL CODE and Section 3(1)(10) of the Atrocity Act which came to be registered as Sojitra Police Station II – C.R. No. 3003 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 Judicial Magistrate First Class, Khambhat and as the said offences against the accused were exclusively triable by the Court of Sessions, the case was committed to the Sessions Court, Anand as per the provisions of Section 209 of Code of Criminal Procedure and the case was registered as Special Atrocity Case No. 20/2011.

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. 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 15 witnesses and produced 11 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 judgment and order of a