In acquittal appeals, the presumption of innocence strengthens if the trial court finds the prosecution's evidence insufficient to prove guilt beyond a reasonable doubt.

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 Additional Sessions Judge, 2nd Fast Track Court, Deesa Camp Court, Deodar (hereinafter referred to as “the learned Trial Court”) in Special Case No. 83 of 2010 on 27.04.2011, whereby, the learned Trial Court has acquitted the respondents for the offence punishable under Sections 325, 324, 504, 506(2) and 114 of Indian Penal Code, 1860, Section 135 of the BP Act and Sections 3(1)(10) and 3(1)(11) 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 13.08.2008, at around 16.00 hours in village Thara (Raha), the accused nos. 1 to 3 met the complainant - Keshabhai Nagji Dalit and inquired from him as to why he was not coming to their field to make their fence. The complainant told them that he had work at home and the accused nos. 1 to 3 got angry and started hurling caste slurs against the complainant. The accused no. 1 was armed with an iron rod and gave a blow below the elbow on the left hand of the complainant and the complainant sustained a fracture. The accused no. 2 was armed with a stick and he assaulted the complainant on the back with the stick and the accused no. 3 assaulted the complainant with blows and fists. On the same day, at around 18.30 hours, the accused nos. 4 to 6 came to the field of the complainant situated at village Thara (Raha) and threatened to kill the complainant if he filed a complaint against them regarding the incident that had occurred. The complainant filed the complaint at the Tharad Police Station under Sections 323, 324 and 114 of the Indian Penal Code, 1860 and Section 3(1)(10) of the Atrocity Act which came to be registered at Tharad Police Station I – C.R. No. 122 of 2005.

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, Tharad and as the said offences against the accused were exclusively triable by the Court of Sessions, the case was committed to the Sessions Court, Basnaskantha at Deodar as per the provisions of Section 209 of Code of Criminal Procedure and the case was registered as Special Case No. 83 of 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. 7 was framed against the accused and the statements of the accused were recorded at Exhs. 8, 9, 10, 11, 12 and 13 respectively, 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 13 witnesses and produced 16 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 were 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 all the accused from the ch