JUDGMENT :

(PER : HONOURABLE MR. JUSTICE BIREN VAISHNAV)

1. This appeal has been filed by the appellant-State under Section 378 of the Code of Criminal Procedure, 1973, against the judgement and order of acquittal passed by the learned Additional Sessions Judge, Fast Track Court, Himmatnagar, in Sessions Case No.165 of 2000 on 31.05.2003. By the aforesaid judgement, the Trial Court has acquitted the respondent-accused of the offenses punishable under Sections 302, 201, 506(2) read with Section 34 of the Indian Penal Code.

2. The brief case of the prosecution is that on 18.04.1997 at around 16:30, on Vijaynagar-Rani road, the deceased son of the complainant i.e. Maganbhai Ravjibhai and her other son named Babubhai Ravjibhai came home in a jeep. They stepped down from the jeep. At that time, the above named accused along with Dinesh Ratnaji Modia, Prabhu Khimji Modia and Shantilal Punaji Modia, all residents of Rani, Khervada, having doubt on the deceased that he had illicit relationship with one Kantaben, had beaten up the deceased, more particularly on his private part with a wooden log and strangulated him and committed the offence punishable as mentioned herein above. It is also all