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, Khodubhai @Babubhai Savjibhai Parmar, father of the deceased to remain present in the court on the next date of hearing.

Stand over to 12th July, 2017.

Copy of this order be given to learned APP forthwith for its quick implementation.”

Order dated 12.7.2017

“Heard learned counsel appearing for the respective parties.

As per the order dated 7.7.2017, Khodubhai alias Babubhai Savjibhai Parmar-father of the deceased is present in the Court and he would like to engage an advocate to represent his case. However, considering the circumstances, it is advisable to provide assistance of a lawyer from the panel of Gujarat High Court Legal Services Committee and accordingly we direct the Gujarat High Court Legal Service Committee to provide an advocate from the panel maintained by the committee and to do needful. Copy of this order be given to the learned Additional Public Prosecutor today. List the matter on 10th August, 2017.”

Order dated 10.8.2017

“Heard learned APP for the respondent-State. Pursuant to order dated 12.7.2017, Mr. Yogendra Thakore, learned advocate from the panel of Gujarat High Court Legal Service Committee is allotted this case so as to assist learned Addl. Public Prosecutor in view of peculiar facts and circumstances of the case. Appearance of Mr. Yogendra Thakore, learned advocate, to be shown in this case.

Stand over to 29.8.2017.”

2. The genesis of the case of the prosecution has in the complaint, which was registered at Pradyumna Nagar Police Station, Rajkot, about the unfortunate incident which took place around 20:30 of 14.5.2005 in which two persons were killed. The complainant is mother of accused No.1 and mother-in-law of accused No.2. Thus, accused Nos.1 and 2 are husband and wife. As stated in the complaint, both the accused entered into matrimonial relationship against wish of the complainant and accused No.2 by her nature almost remained out of home and therefore quarrel used to take place between daughter-in-law and mother-in-law. At the time of incident when accused No.2 returned to her home the complainant taunted her and in turn accused No.2 had abused her mother-in-law, the complainant and neighbours namely Vijay Babubhai and his wife Kaliben who were present there and tried to persuade accused No.2 by insisting not to abuse her mother-in-law, accused No.1, husband of accused No.2 also started abusing them, to which, again both the accused were told not to abuse but immediately accused No.1 inflicted blow of knife on the chest of Vijay and his wife Kaliben who tried to intervene also received blow of knife on her right leg, thigh and right side of the abdomen. Even the complainant, who also tried to intervene received injury of a wooden log on her head by accused No.2 and another witness also having named Vijaybhai received injury