( 1 ) THE present appeal is filed by the State of Gujarat under Section 378 of the Code of Criminal Procedure, 1973, against the judgment and order of acquittal dated 31st December, 1985, passed by the learned Additional Sessions Judge, Ahmedabad Rural at Narol, in Sessions Case No. 114 of 1985, whereby the learned trial Judge has acquitted the respondent-orig. accused frn 302 of the Indian Penal Code.

( 2 ) MR. K. C. Shah, learned Additional Public Prosecutor, appearing on behalf of the appellant-State has taken us through the charge (Ex. 4) and the facts placed before the learned trial Judge in detail vis-a-vis the grounds of challenge mentioned in paragraph no. 4 of the memo of the appeal. He has also taken us through the oral as well as the documentary evidence led during the course of trial and also the reasons assigned by the learned trial Judge for recording the finding of acquittal. To appreciate the say of Mr. K. C. Shah, learned Additional Public Prosecutor, placed before us as well as Mr. Saurabh Amin and Mr. Y. V. Vaghela, learned counsel appearing on behalf of Mr. Ghanshyam Amin, firstly according to us, it would be proper to state the facts of the case