BELA M. TRIVEDI, J.

1. Present appeal, filed by the State of Gujarat, under section 378 of the Code of Criminal Procedure, arises out of the judgment and order dated 27.2.2007 passed by the learned Additional Sessions Judge and Presiding Officer, Fast Track Court No. 10, Gondal, Camp at Dhoraji (hereinafter referred to as “the Sessions Court”) in Sessions Case No. 119 of 1998 (with Sessions Case No. 4 of 2007) acquitting the respondent accused from the charges levelled against them for the offences under sections 143, 147, 307 and 452 of the Indian Penal Code.

2. The case of the prosecution, as unfolded, is that respondent accused No. 1-Valiben Sidibhai, accused No. 2-Manjuben Palabhai and accused No. 3-Dhaniben were residing at Rajkot and accused No. 4-Ismailbhai Amadbhai Kureshi was residing at Junagadh. Earlier, some dispute had taken place between the complainant Jayantibhai and the accused Valiben, Manjuben, Dhaniben and Ismailbhai with regard to the visits of Ismailbhai at the house of Dhaniben, as the complainant did not like it. On 24.4.1998, the complainant lodged a complaint before the PSI, Dhoraji camp, alleging inter-alia that on 24.4.1998 at about 9 p.m. when complainant Jayantibhai was at home, the said Valiben, Manjuben, Dhaniben, Ismailbhai alias Islo and Bhimabhai had come to the house of complainant and started beating him. Thereafter, the said Bhimabhai and Ismailbhai had caught hold of the complainant and poured kerosene on him from the kerosene Can lying there and set the complainant on fire. As a result thereof, the complainant got injuries in both the legs and also both palms of the hand. The complainant was, thereafter, taken to the Government Hospital at Dhoraji by one Kantilal Khimabhai and Kishanbhai Khodabhai and, thereafter, was taken for further treatment at Junagadh. The said complaint was registered at Dhoraji police station with regard to the incident in question, as C.R. No. I-89 of 1998 of the alleged offences under sections 143,147,307 and 452 of the Indian Penal Code.

3. The investigating officer, after recording the statements of witnesses and carrying out the investigation, had submitted the charge-sheet in the Court of Judicial Magistrate First Class, Dhoraji, who committed the same under section 209 of the Criminal Procedure Code to the Sessions Court, Rajkot at Dhoraji. The said case was registered as Sessions Case No. 119 of 1998. Since the accused No. 4 Ismail was absconding, on his arrest additional charge-sheet was filed against him. On the committal of said case, the same was registered as Sessions Case No. 4 of 2007 in the Sessions Court.

4. The accused having not pleaded guilty, the Sessions Court had framed the charge against them at Exh.14 for the offences under sections 143, 146,147, 307 and 452 of the Indian Penal Code. The accused denied the charges levelled against them and claimed to be tried. The prosecution had led oral as well as documentary evidence before the Sessions Court to prove the said charges. After the completion of the trial, further statements of the accused were recorded under section 313 of the Criminal Procedure Code, in which, they denied the allegations levelled against them. The Sessions Court, after appreciating the evidence on record, acquitted the accused from the charges levelled against them by the impugned judgment and order.

5. Learned Additional Public Prosecutor Ms. Moxa Thakker for the appellant, taking us through the evidence on record, submitted that though the complainant Jayantibhai had not fully supported the case of the prosecution, from the complaint at Exh.73 and the Panchnama of the scene of offence at Exh.46 and the medical papers at Exh.57, alleged incident as well as involvement of the accused in the said incident was duly proved by the prosecution. She further submitted that earlier also the disputes had taken place between the complainant and the accused for which, the complaints were lodged against each other, which are o