In acquittal appeals, the appellate court must respect trial court decisions unless there is compelling evidence of error or misapprehension, maintaining the presumption of innocence for the accused.

JUDGMENT :

S.V. PINTO, J.

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 the learned Special Judge, Vadodara (hereinafter referred to as "the learned Trial Court") in Special (Atrocity) Case No. 13 of 2010 on 08-02-2011, whereby, the learned Trial Court has acquitted the respondents for the offence punishable under Sections 504, 506(2) and 114 of Indian Penal Code, 1860 (hereafter referred to as "IPC" for short) and Section Section 3(1)(10) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as “Atrocities Act”).

1.1 As per the report of Police Inspector, Makarpura Police Station, Vadodara City, the respondent No. 1 - Pramodbhai Shankarrai Patel has expired on 10-12-2014 and a copy of the death certificate has been submitted along with the report, which is submitted on record by learned APP. In view of the report, the appeal qua the respondent No. 1 - Pramodbhai Shankarrai Patel has become infructuous.

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 The accused No. 2 Shabdadasiben w/o Pramodbhai Shankarbhai Patel was the Sarpanch of Chhapad Gram Panchayat and the accused No. 4 - Punitaben w/o of Jigneshbhai Hamukhbhai Patel was the Deputy Sarpanch of Chhapad Gram Panchayat. The accused Nos. 1 and 3 are the husbands of the accused Nos. 2 and 4 respectively. The complainant - Bikhiben, w/o Mansinghbhai Dalpatbhai Vasava, had encroached on area of 30 feet x 30 feet belonging to the Gram Panchayat in front of her house and was using the place for her own personal use and on 29-12-2009 in the afternoon, on 30-12-2009 in the evening and on 5-1-2010 at around 10.30 am, the accused went to the house of the complainant and asked her to vacate the open place, abused her, threatened to kill her and hurled caste slurs against her. The complainant filed the complaint at the Makarpura Police Station under Section 504, 506(2) and 114 of the IPC and Section 3(1)(10) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1889, which came to be registered at Makarpura Police Station, II-C.R.No. 4 of 2010.

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 Chief Judicial Magistrate, Vadodara and as the said offences against the accused was exclusively triable by the Court of Sessions, the case was committed to the Sessions Court, Vadodara, as per the provisions of Section 209 of the Code of Criminal Procedure and case was registered Special (Atrocities) Case No. 13 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. 06 was framed against the accused and the statements of the accused were recorded at Exh.7 to Exh.10, 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 nine oral and ten documentary evidences to bring home the charge against the accused and after the learned Additional Public Prosecutor filed the closing pursis at Exh. 46 , the further statement