JUDGMENT :

ASHOKKUMAR C. JOSHI

1. Admit.

2. Present appeal has been filed by the appellant – State under Section 378(1)(3) of the Code of Criminal Procedure, 1973 challenging the judgment and order dated 05.03.2019, passed in Sessions Case No. 34 of 2011 by the learned Sessions Judge, Morbi, recording the acquittal.

3. The facts, in brief, are that on 11.02.2011, the original accused, keeping grudge of earlier happenings, called deceased Karshanbhai Bhavanbhai Rankaja, the elder brother of the original complainant, at some abandoned place in the sim of village: Ravapar, in view of their preconcerted conspiracy, and made the deceased drink liquor and thereafter, killed him with big Hammer (Ghan) and Trikam and thereafter, buried the dead body of the deceased, and burnt the clothes and other belongings of the deceased. For the offence in question FIR came to be loaded. Upon this information, investigation started and the Investigating Officer, recorded statements of as many as 54 witnesses and produced certain documentary evidence and after completion of the investigation, the Charge-sheet was filed against the accused persons for the offences punishable under sections 302, 120-B, 201 an