(PER : HONOURABLE MR.JUSTICE J.B.PARDIWALA)

1. This Appeal is at the instance of the State of Gujarat and is directed against the judgment and order dated 25th April 2008 passed by the Additional Sessions Judge, Fast Track Court No.1, Panchmahals, Godhra, in Sessions Case No.109 of 2007, whereby the original accused Nos.2 and 3, viz Kantibhai Devabhai Pagi and Limbabhai Lakhabhai Pagi were acquitted of the offences charged under Sections 302, 323, 324, 326, 504 and 506 (2) read with Section 114 of the Indian Penal Code and Section 125 of the Bombay Police Act.

Case of the Prosecution

2. The daughter of the deceased named Jaya, aged about 19 years, had eloped with the son of the respondent no.3 herein named Vigalbhai on 13th March 2007 and their whereabouts could not be traced despite a frantic search. On th April 2007, the deceased Balvantbhai Gulabbhai Pagi informed his family members that a message had been conveyed to him from the house of the respondent no.3 that his daughter had returned home and that he should come and take away his daughter from the house of the respondent no.3.

3. Accordingly, the deceased and others had gone to the house of the respondent no.3 at