ANANT S. DAVE, J.

1. This appeal is preferred under Section 378(1) (3) of the Code of Criminal Procedure, 1973 against the judgment and order of acquittal dated 9.3.2006 passed by learned Presiding Officer, Fast Track Court, Rajkot in Sessions Case No.96 of 2005 whereby respondents/original accused are acquitted of the offence under Sections 302, 307, 324, 504, 118 and 114 of Indian Penal Code by not believing the case of the prosecution as proved beyond reasonable doubt.

1.1. When the appeal was taken up for final hearing this Court noticed certain glaring procedural illegalities in the conduct of trial and, therefore, following orders were passed:

Order dated 7.7.2017

“Heard learned APP for the appellant State of Gujarat.

From the impugned judgment and order of acquittal, it is revealed that in Sessions Case No.96 of 2005, all the witnesses turned hostile and compromise pursis filed by the parties was granted by the learned trial Judge in the offence under Section 302 of the Indian Penal Code.

In view of the above and considering the facts and circumstances of the case, K