JUDGMENT :

1. This appeal is directed under Section 378 of the Code of Criminal Procedure (hereinafter referred to as “the Code” for short) against the judgment and order of acquittal dated 13.08.1998 passed by the learned Additional Sessions Judge, Ahmedabad (Rural), Gandhinagar, in Sessions Case No.03/1997, whereby the learned Sessions Court acquitted the respondents for the offence punishable under Sections 395 and 397 of the Indian Penal Code, 1860 read with Section 135 of the Bombay Police Act.

2. The following noteworthy facts emerge from the record of the appeal:

2.1 In the present case, the Complainant Sureshbhai Rathod along with his family members went from his residence in Gandhinagar on the night of 06.11.1994 in his car to have dinner in a hotel. While, he was returning from the dinner, at 11.00 P.M. at the railway crossing of Radheja village, his car was stopped by some unknown persons and at that time, five people came with deadly weapons namely sticks, knife etc.. One of them hit the complainant with a stick and breaking the wind shield of the car and other people also used sticks and started hitting the complainant on the elbow with the right hand and on the face, whe