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), Mehsana (hereinafter referred to as “the learned Trial Court”) in Special Atrocity Case No. 7/2010 on 09.12.2010, whereby, the learned Trial Court has acquitted the respondents for the offence punishable under Sections 506(2) and 114 of Indian Penal Code, 1860, Section 135 of the BP Act and Sections 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 27.12.2008 at around 02.30 am, the complainant - Bhurabhai Lavjibhai Senma was sleeping at his residence in Indiranagar at Santhal village and the accused no. 1 came armed with a sickle and the accused nos. 2 and 3 came armed with sticks and knocked the door of the house of the complai