Biren Vaishnav, J.

1. This acquittal appeal has been filed by the State challenging the judgment and order dated 28.1.1994 passed in Sessions Case No. 68/1993. By the aforesaid judgment, original accused have been acquitted of the charge under sections 143, 147, 148, 302, 323, 149 of the IPC and under section 135 of the Bombay Police Act.

2. Navlabhai Tejiyabhai Sangadiya filed complaint before the police station alleging that on 23.2.1993, he along with his brother Bhudiya, Mangu and others had gone to village Gamla to attend the wedding. While returning when they went to accused No. 1 Amra Madiya's place as his son's marriage was scheduled on that day, his brother Mangu was detained and handed over to police by Amra Madiya and others. Since his brother was handed over to the police on the following day i.e. on 23.2.1993, he along with Pidiya and others went to question him as to why his brother was handed over to police. Both of them returned to the village and went back at Amra Madiya's place at around 4 in the evening with others. At this point of time Amra Madiya and Tejiya Madiya, accused No. 1 and 2 were carrying a dhariya, Kanu Madiya and Manu Madiya were carrying b