JUDGMENT :

Rajendra M. Sareen, J.

1. Present Criminal Appeal has been preferred by the appellant - State of Gujarat under Section 378 of the Criminal Procedure Code, 1973 against the judgment and order dated 05/07/1994 passed by the learned Additional Sessions Judge, Banaskantha at Palanpur in Sessions Case No.7 of 1998 acquitting the respondent - original accused from the charges levelled against him for the offence punishable under sections 302 of Indian Penal Code and Section 135 of the Bombay Police Act.

2. Facts of the case, in brief, are as under:-

The deceased Akbar Hussain Rangrej was engaged in the business of T. V. Repair and Cable dish connection. As per the FIR dated 25.04.1997 filed by Mehboobkhan Padiyar, brother - in - law of the deceased, one Jakir @ Ayub Umar Makrani came to the shop of the deceased at about 1 o'clock and asked the deceased to go with him to his house to repair his T.V. The deceased and the accused started to leave and at that time the complainant also decided to join the deceased. On the way complainant stopped for a moment to talk to his sister-in-law and quitcly follwed the deceased and the accused. He witnessed the accused giving stab wounds to th