JUDGMENT :

SANDEEP N. BHATT, J.

1. Feeling aggrieved and dissatisfied with the judgment and order of acquittal dated 09.06.1998 passed by the learned Sessions Judge, Rajkot in Sessions Case No.86 of 1997 for the offences under Sections 452, 342, 394, 397 and 114 of the Indian Penal Code and Section 135 of the B.P. Act., the appellant – 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 as under :

2.1 On 01.06.1995, all three accused made reiki of the shop of complainant – Ashokbhai Ganatra. At about 3:00 p.m., accused No.3 – Sultan made first reiki of the shop, then at about 6:00 p.m., other two accused – accused No.1 – Barkat and accused No.2 – Azim made reiki of the shop. Accused Nos.1 and 2 also made inquiry about the goods – groundnut. Thereafter, at about 7:00 p.m., accused Nos.1 and 2 again came to the shop of the complainant. They locked the door from inside. They both have knife. They cut the telephone wire and the complainant was strangulated from that wire. They