JUDGMENT :

ILESH J. VORA, J.

1. This acquittal appeal preferred by the State of Gujarat under Section 378 of the Code of Criminal Procedure, 1973 (‘Cr.P.C.’, in short) is directed against judgment and order dated 13.08.2008 passed by Additional Sessions Judge, Ahmedabad, in Sessions Case No. 338 of 2006, wherein, respondents-original accused no. 2 and 3 along with accused No.1 came to be tried for offences punishable under Sections Sections 302 and 394 read with Section 34 of the Indian Penal Code, 1860 (‘IPC’, for short). At the end of trial, the trial Court acquitted Bijrajsingh @ Bijju Ajitsingh Chudasma – original accused no. 2 and Hasmukhkumar Dineshbhai Rawat – original accused no. 3 from all the charges. However, the court below convicted the accused no. 1 for the offence of murder and robbery.

2. The facts and circumstances, giving rise to this appeal are as under:

2.1 Deceased Pintoo was resident of Meghaninagar, Ahmedabad and he was passionate to wear golden chains and rings and he was used to wear two golden chains, rings and keep with him the latest mobile phone. The father of the deceased was custom officer and mother settled at Canada. The deceased was living with his eld