JUDGMENT :

A.Y. KOGJE, J.

1. The present appeal is preferred by the State against the judgment and order dated 29.09.1997 passed by the Additional Sessions Judge, Palanpur in Sessions Case No.115 of 1988. By the impugned judgment and order, the accused nos.1 to 4 have been acquitted of the charge under Section 302 read with Section 34 of the Indian Penal Code and were declared to be innocent.

2. The appeal came to be admitted while granting leave by this Court under order dated 13.07.1988 and thereafter, it is reported that the respondent nos.3 and 4 – Puri Manekben and Chunilal have expired and qua the said two respondents, the appeal has abated. The present appeal is therefore taken up for hearing in connection with the respondent nos.1 and 2, who are represented by learned advocate Mr.Maharshi Patel.

3. It is the case arising out of an incident by which the informant herself namely Manjuben, who is wife of Vinodbhai Judabhai resident of Magarvada was set on fire on 15.01.1988. According to the first informant, it was the accused persons who had sprinkled kerosene on her and set her ablaze. In this connection, an F.I.R. came to be registered with Palanpur City Police Station and upon