JUDGMENT :

M.R. Shah, J.

Facts of this case illustrate a disquieting feature as to how the trial Court has committed a grave miscarriage of justice in recording the acquittal of the respondents - accused by playing in the hands of the witnesses who were admittedly relatives of the respondents - accused.

2. As observed by the Hon'ble Supreme Court in the case of Zahira Habibulla Sheikh and Anr. v. State of Gujarat and Ors. reported in (2004) 4 SCC 158 and in the case of Zahira Habibulla Sheikh (5) and Anr. v. State of Gujarat and Ors. reported in (2006) 3 SCC 374 A criminal trial is a judicial examination of the issues in the case and its purpose is to arrive at a judgment on an issue as to a fact or relevant facts which may lead to the discovery of the fact issue and obtain proof of such facts at which the prosecution and the accused have arrived by their pleadings; the controlling question being the guilt or innocence of the accused. Since the object is to met out justice and to convict the guilty and protect the innocent, the trial should be a search for the truth and not a bout over technicalities, and must be conducted under such rules as will protect the innocent, and punish the