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, Surendranagar (hereinafter referred to as “the learned Trial Court”) in Special Case No. 47/2011 on 11.09.2012 whereby, the learned Trial Court has acquitted the respondents for the offence punishable under Sections 427, 504 and 114 of Indian Penal Code, 1860 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 During the pendency of the appeal, the respondent no.1 has expired and vide order of this Court dated 15.02.2023 the appeal qua the respondent no. 1 is disposed of as 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 complainant - Tejabhai Amrabhai Solanki was residing in Solanki Niwas, Nava Darwaja, Vadhwan and on 20.04.2011 at around 16.00 hours, the accu