JUDGMENT :

SANDEEP N. BHATT, J.

1. Feeling aggrieved and dissatisfied with the judgment and order of acquittal dated 30.11.1994 passed by the learned Additional Sessions Judge, Amreli in Sessions Case No.27 of 1990 for the offences under sections 307, 147, 148 & 149 of Indian Penal Code, 1860 and Section 135 of Bombay Police Act, the applicant – State of Gujarat has preferred this appeal as provided under section 378 of the Code of Criminal Procedure, 1973 (“the Code” for short) inter alia challenging the judgment and order of acquittal in favour of the respondents accused.

2. The case of the prosecution is that, on 30.11.1989, injured Bhimjibhai was going to give Rs.3,000/- to Himmatbhai Naranbhai and the complainant – Ashokbhai Bhimjibhai was also going for factory. When the complainant - Ashok Bhimji reached to the factory, he came to know from the workers that the accused were beating Bhimjibhai. Therefore, the complainant rushed towards there. He has seen that the accused were armed with stick, pipe and spade and beating Bhimjibhai. Due to that, Bhimjibhai received injuries. Thereafter, the accused had run away from the scene of offence. As the injured was unconscious, he was shi