JUDGMENT :

A.Y. KOGJE, J.

1. The Appeal is preferred under Section 378 of Criminal Procedure Code 1973 (for short “CRPC”) against the acquittal recorded under the judgment and order dated 31.07.1998 in Sessions Case No. 192 of 1992 by Additional Sessions Judge, Surat.

2. The two accused respondents (for short “accused”) were Charged and tried for offences under Section 302 read with Section 114 of the Indian Penal Code. The offence arose out of an incident for which an FIR came to be registered vide C.R. No. I-14 of 1992 with Sachin Police Station, Surat.

3. The main contention raised by the learned Additional Public Prosecutor against the acquittal is that the case of the prosecution was based on the strong evidence of three eyewitnesses and these witnesses are reliable and the presence of such witnesses at the place and the time of offense was very natural. It is also submitted that the eyewitnesses have identified the accused persons during the course of trial and therefore, considering the role attributed to the accused, the prosecution was able to establish the case beyond reasonable doubt.

4. It is submitted that the Sessions Court has committed an error in giving importance to th