JUDGMENT :

RAJENDRA M. SAREEN, J.

1. Present Criminal Appeal is filed by the appellant – State of Gujarat being aggrieved by the judgment and order dated 24/03/1999 passed by the learned Sessions Judge, Amreli in Sessions Case No.49 of 1995 whereby the learned Judge has acquitted the accused/respondent from the offence punishable under sections 302, 397 and 451 of Indian Penal Code and under section 135 of Bombay Police Act.

2. Brief case of the prosecution is that on 12/8/1994 at 17.00 hours at Village Hemala, Taluka, taluka Jafarabad, District Amreli, the accused Govind Madhu Koli to fulfill his intention to kill the son of the complainant Madhubhai Rambhai Koli, to rob the clothes etc., enter into the house of the complainant and caused injuries to the son of the complainant named Munna, due to which he succumbed to the injury and robbed the ornaments and clothes worth Rs.4970/- from the house of the complainant. Therefore, the complaint being CR No.I-56 of 1994 came to be registered on 12/8/1994 for the aforesaid offences.

3. Thereafter, the investigation was set in motion and the investigating officer recorded statements of witnesses, panchnama of the scene of offence and other pa