JUDGMENT :

HEMANT M. PRACHCHHAK, J.

1. Being aggrieved and dissatisfied with the judgment and order, Dated: 06.06.1994, passed by the learned Additional Sessions Judge, Gondal (‘trial Court’ hereinafter), in Session Case No. 64 of 1990, whereby, the trial Court acquitted the original accused Nos. 1 to 5 of the charge of commission of the offence punishable under Sections 147, 148, 149, 302, 307, 326 and 323 of the Indian Penal Code, 1860 (in brief ‘IPC’) and Sections 37(1) and 135 of the Bombay Police Act, 1951, the appellant-State has preferred the present appeal.

2. At the outset, it may be noted that during the pendency of this appeal, original accused No. 2-appellant No. 2 passed away and therefore, this appeal survives qua original accused-appellant Nos. 1, 3, 4 and 5 only.

3. The brief facts of the prosecution, as was unfurled before the trial Court, reads thus:

Kanjibhai Veljibhai Khant PW-16, who happens to be the real brother of the deceased-Govind Veljibhai, lodged a complaint with Gondal Police Station on 20.05.1990, wherein, he stated that they are total three brothers.