In acquittal appeals, the presumption of innocence prevails if trial court's conclusions are reasonable and legally sound.

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 5th Additional Sessions Judge, Banaskantha at Deesa (hereinafter referred to as “the learned Trial Court”) in Special Case No. 44/2010 on 20.11.2013, whereby, the learned Trial Court has acquitted the respondent for the offence punishable under Sections 323, 504 and 506(2) 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 respondent is hereinafter referred to as “the accused” as he 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 accused was the Talati Cum Mantri of Abloon Gram Panchayat, Taluka Kakrej, District Banaskatha and Lakshmiben Virambhai Parmar - the mother of the complainant Jeevanbhai Virambhai Parmar was the Sarpanch of Abloon Gram Panchayat. On 15.09.2009, at around 10.00 am, the accused had called for a meeting regarding the RCC Road of the village and the accused had come to drop his mother for the meeting and on seeing the complainant, the accused got agitated and started abusing the complainant. The complainant told the accused that he had come to drop his mother and the accused took a stick and assaulted the complainant on the fingers and thumb of his left hand and on his left shoulder and threatened to kill the complainant and also hurled caste slurs against him. The complainant - Jeevanbhai Virambhai Parmar filed a complaint at the Shihori Police Station under Section s 323 , 504, 506(2) of the Indian Penal Code, 1860, Section 135 of the BP Act and Section 3(1)(10) of the Atrocities Act which came to be registered at Shihori Police Station - I C.R. No. 3082 of 2009.

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, Shihori and as the said offences against the accused were exclusively triable by the Court of Sessions, the case was committed to the Sessions Court, Banaskantha as per the provisions of Section 209 of Code of Criminal Procedure and the case was registered as Special Case No. 44/2010.

2.3 The accused was 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 statement of the accused was recorded at Exh. 6 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 11 witnesses and produced 11 documentary evidences on record in support of his 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. 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 the accused from the charges levelled against him.

3. Being aggrieved and diss