JUDGMENT :

A.C. RAO, J.

1. The State has preferred an appeal against the judgment and order of acquittal passed by the learned Sessions Judge, Amreli in Sessions Case No. 114 of 1992. The respondents accused were charged for the offences punishable under Section 302 read with Section 34 and 114 of the Indian Penal Code as well as under Section 135 of the Bombay Police Act. The learned Sessions Judge after recording the evidence led by the prosecution, by his judgment and order dated 05.05.1994, has been pleased to acquit the respondents accused for the offences with which they were charged.

2. The case of the prosecution in nutshell is that on 21.08.1992 at about 04:00 pm the deceased Shambhu, the complainant Rameshbhai and Javerbhai were travelling on motorcycle from village Aberda to village Morzar and when they reached near Manavav, the respondent no. 1, who was armed with weapon, attacked Shambhubhai who was driving the motorcycle. At that time, when the complainant Rameshbhai tried to intervene, the respondent no. 2 gave knife blow to the complainant. Accused No. 1 had inflicted blow with knife to the deceased and thereafter they ran away. The complainant informed one Devjibhai a