JUDGMENT :

1. 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 20.12.2008, passed in Sessions Case No. 147 of 2006 by the learned Additional Sessions Judge, Fast Track Court No.4, Himmatnagar camp at Idar, recording the acquittal.

2. The brief facts of the case are that on 13.01.2004 at about 19:00 hours complainant along with Head Constable Natvarsinh Shankarsinh, Buckle No. 610, Police Constable Vahidan Joravardan, Buckle No. 784, Police Constable Pravinbhai Nathabhai, Buckle No. 1316 and Police Constable – Kantibhai Punjabhai, Buckle No. 1079 were on petrolling on Vadali Khedbrahma Road. Further, as per the case of the prosecution, while they were returning from Vadali Khedbrahma Road, when they arrived near Shantinagar Society at about 21.00 hours, one Jeep was found lying near Shantinagar and two persons were standing near the Jeep and three persons were seen going towards Shantinagar in the light of Jeep. Therefore, the complainant proceeded towards them and seen in the light of battery, they were found with deadly weapons like Dhariya and Dhoka. It is further the case