A.J. Shastri, J.

1. The State has preferred present appeal feeling aggrieved and dissatisfied with the judgment and order dated 31st March, 2006 passed by learned Additional Sessions Judge, 5th Fast Track Court in Sessions Case No. 126 of 2005.

2. The case of the prosecution is that one Mangalbhai Bhudarbhai Bariya filed a complaint regarding disclosure of murder of his son Balvantbhai. It is alleged in the complaint that his son Balvant was staying at Surat and to attend the Holi festival, he had come to his native - village Vaghjipur. It was further asserted in the complaint that the Holi fire had taken place at about 1-30 midnight on the day of Holi and the next day was celebrated as Dhuleti. The people were busy with Holi celebration and complainant and other people of the village were to take dinner at house of Sardarbhai Bhayajibhai Bariya. It was stated that his son Balvant did not wait for taking dinner and he had proceed to go to his house. Since he did not reach to his house, the family members thought that Balvant would have accompanied the people celebrati