JUDGMENT :

S.V. PINTO, J.

1. The present present appeal is filed by the appellant State under Section 378(1)(3) of the Code of Criminal Procedure, 1973 against the judgement and order of acquittal passed by the learned Additional Sessions Judge, Mehsana (hereinafter referred to as “the learned Trial Court”) in Sessions Case No. 86/2009 on 28.01.2010, whereby, the learned Trial Court has acquitted the respondents for the offence punishable under Sections 323 , 504 , 506(2) and 114 of IPC and Section 135 of Bombay Police Act .

1.1 The respondents are hereinafter referred to as “the accused” as they stood in the original case for the sake of convenience, clarity and brevity.

2. The brief facts that emerge from the record of the case are as under:

2.1 On 31.01.2009, the complainant – Sarfaraz @ Bando Mohammadbhai Mansuri was going in his rickshaw no. GJ- 2-TT-515 along with Shabbirbhai @ Kaliyo Samsubhai Mansuri and Aslambhai Yusufbhai Mansuri to the garage for repairing the rickshaw and between 10.30 am and 11.00 am, when they reached near Sahara Guest House, Kadi, the accused halted their rickshaw and Imranbhai Ismailbhai Ghanchi had a dhoka in his hand and Allarakha Ismailbhai Ghanchi ha