A.J. Shastri, J.

1. The State has filed present appeal under Section 378 of the Code of Criminal Procedure against the judgment and order dated 30th June 2006 passed in Sessions Case No. 45 of 2005 by the learned Additional Sessions Judge, Fast Track Court No. 2, Jamnagar.

2. The case of the prosecution in brief is that on 29th August 2004 at about 6:45 p.m. the accused persons had attacked and assaulted one Dayaljibhai Ratanshibhai Chotaliya, the husband of the complainant viz. Narmadaben. The complainant has asserted in the complaint that one Babubhai of Village Ambala had come and informed to the complainant that the husband of the complainant viz. Dayaljibhai was lying in bleeding condition near the Patiya at Village Mavana. On reporting of the said circumstance by Babubhai, complainant Narmadaben as well as Hirabapa had straight way rushed out to the spot in rickshaw of one Nathabhai Narshibhai where the husband of complainant was lying in an injured condition. The injured was immediately taken to the Morbi Government Hospital. However, after giving primary treatment on account of the serious condition was required to be shifted to Rajkot for further treatment where Da