( 1 ) THE State of Gujarat the appellant herein is dissatisfied and aggrieved by the order of acquittal in respect of the present respon- dents nos. 1 to 15 passed by the learned Judicial Magistrate first Class Jhagadia on 23 4-1979 from the charge under secs. 143 147 148 149 426 336 337 225 of the Indian Penal Code and sec. 135 of the Bombay Police Act.

( 2 ) THE prosecution-case before the learned Judicial Magistrate was that the accused Nos. 13 to 15 (the present respondents Nos. 13 to 15) were apprehended while committing theft of cotton-pods. They were detained at the house of Police Patel village Chikli. Therefore accused Nos. 1 to 12 and some 150 other persons formed an unlawful assembly at 13-30 hours and attacked equipped with weapons the house of Police Patel and the water-works of the Panchayat. In the course of that attack P. W. 2 was injured on his eye-brow.

( 3 ) THE Rajkam of Criminal Case No. 1448 of 1978 shows that a charge-sheet was filed dated 10-7-1978 (The copy of the charge-sheet in the paper-book shows the date 1-5-1978 ). Before that on 31-3-1978 the application for the remand of the accused was granted. The learned Magistrate framed a charge