The main legal point established in the judgment is that in an appeal against acquittal, the appellate court should not interfere with the finding of acquittal recorded by the trial court if two reasonable conclusions are possible based on the evidence on record.

K.S. Jhaveri, J.

1. This appeal is directed against the judgment and order of acquittal dated 23/05/2005 passed by the learned Additional Sessions Judge, Junagadh in Sessions Case No. 14 of 2002, whereby the respondents-original accused were acquitted of the charges under Sections 147, 148, 149, 307,323 and 324 of the Indian Penal Code and Section 135 of the Bombay Police Act.

2. The facts in brief giving rise to the filing of present appeal are as under:

"2.1 On 22.7.2001 at about 15.30 hours, the complainant had gone for the purpose of engagement of his younger brother Raghu at Aerodram Road, Nr. Court, Keshod, at that time, the respondents-accused persons came there in a rickshaw and had given a stroke on the foot of the father of the complainant and, therefore, the father of the complainant fell down. Thereafter, all the respondents came out from the rickshaw and accused Nagajan inflicted a sword blow on the father of the complainant. The respondent-Shivdan inflicted a sword blow on the complainant. Thereafter, on hearing the shouts from the complainant and his father, other respondents-Shamla and Ramesh also came there with sticks and started beating them. On hearing the hubbub, the uncle of the complainant Keshubhai Bhurabhai and Rajubhai Naranbhai came to the rescue of the complainant, where the respondent-accused had beaten up Keshubhai Bhurabhai and Rajubhai Naranbhai. The respondent-accused Shivdan also inflicted a sword blow near the left eye of Rajivbhai. The respondent-accused Devshubhai inflicted a stick blow on the head of uncle of the complainant. Thereafter, on hearing the shouts, the respondents-accused ran away from the scene of offence. On these allegations, the complaint was filed against the respondents.

2.2 Thereafter, investigation was carried out and the accused persons came to be arrested. Investigation was carried out and the accused persons came to be arrested. At the end of investigation, charge-sheet was filed against the accused before the Magistrate Court. Since the offence was exclusively triable by the Court of sessions, the case was committed to Sessions Court and, ultimately, trial was initiated and charge came to be framed. The accused pleaded not guilty and claimed to be tried.

2.3 In order to bring home the charges against the accused persons, prosecution has examined following witnesses.

2.4 The prosecution has also produced following documents in support of its case:--