M.R. Shah, J.

1. Feeling aggrieved and dissatisfied with the impugned judgment and order of acquittal passed by the learned Additional Sessions Judge, Jamnagar (hereinafter referred to as "the trial Court") dated 03/09/1993 in Sessions Case No. 36/1993 by which the learned trial Court has acquitted both the accused for the offences punishable under Sections 302 read with Section 34 of the Indian Penal Code ('IPC" for short) and Section 135(1) of the Bombay Police Act, State has preferred the present Criminal Appeal.

2. At the outset, it is required to be noted that during pendency of the present Criminal Appeal, respondent No. 1-original accused No. 1-Jeetendra Popatbhai expired and hence vide order dated 26/08/2015 the present Criminal Appeal qua respondent No. 1-original accused No. 1 was dismissed as having been abated.

Under the circumstances, the present Criminal Appeal is required to be considered qua respondent No. 2-original accused No. 2.

2.1 As per the case of the prosecution the incident took place on 28/10/1992 at about 5:00 a.m. in the morning. According to the prosecution there was some dispute with respect to the property between the deceased and original accused