JUDGMENT :

RAJENDRA M. SAREEN, J.

1. This Appeal is filed by the appellant - State of Gujarat under Section 378(1)(3) of the Criminal Procedure Code, 1973 against the judgment and order dated 20.09.2006 passed by the Sessions Judge, Panchmahals at Godhra in Sessions Case No. 95 of 2006 acquitting the respondent-original accused from the offence punishable under sections 332, 333, 286 and 427 of Indian Penal Code and under section 135 of Bombay Police Act.

2. The case of the prosecution case is that The prosecution case in brief is that the complainant Ramubhai Bijalbhai Charel, Unarmed Constable (Buckle No. 1556) lodged the complaint against the accused to the effect that on 3/4/2006 at about 20:30 hours, Lunawada Police arrested the accused in C.R. No. I-28/2006 for the offences punishable under Sections 457, 380, 411 of the Indian Penal Code. It is the further case of the prosecution that on 4/5/2006, PSI, Lunawada Police Station, complainant, Police Constable Kanubhai, Police Constable Mahendrabhai and Police Constable Abhesinh took the accused at their Police Station for inquiry in the aforesaid offences. During the inquiry, the accused got excited and attacked on the complainant