JUDGMENT :

Rajendra M. Sareen, J.

1. This Appeal is filed by the appellant – State of Gujarat under Section 378 of the Criminal Procedure Code, 1973 against the judgment and order dated 10.05.1994 passed by the learned Additional Sessions Judge, Banaskantha at Palanpur in Sessions Case No.76 of 1993 acquitting the respondents – original accused Nos.1 to 4 from the offence punishable under sections 302, 323, 326, 34 and 114 of Indian Penal Code and 135 of Bombay Police Act.

2. The factual matrix as narrated by the prosecution case stands as under:

2.1. The complainant lodged the complaint that on 19/2/1993 stating that on 19/2/1993 at around 8 O’clock in the morning in the sim of Balochpura falling under the jurisdiction of Shihori Police Station, all the four accused, with a view to fulfill their common intention to kill the deceased – Amthaji came to the place of incident and accused No.1 Lakhaji was having Vasi (Dhariya) in his hands and accused Nos.2, 3 and 4 were having stick in their hands and accused No.1 inflicted Vasi (Dhariya) blow on the head of deceased Amthaji and hence Amthaji had fallen down and at that time accused Nos.2, 3 and 4 had beaten the Amthaji with kick and fist