An appellate court should not interfere with trial court acquittals unless there are manifest errors or perverse conclusions; the presumption of innocence remains until evidence proves guilt beyond reasonable doubt.

JUDGMENT :

D.M. VYAS, J.

1. Assailing the judgment dated 20/05/2004 of the learned Additional Sessions Judge, First Track Court No.4, Sabarkantha-Himmatnagar passed in Sessions Case No. 105 of 2003 on the file of the said court whereby respondent nos.1 to 8 who are accused nos.1 to 8 in the said case (hereinafter referred to as A-1 to A-8) were acquitted for the charges levelled against them, the instant appeal has been preferred by the State.

2. Facts of the prosecution case, in brief, are as follows:

2.1. On 03/03/2002, there was a meeting of Peace Committee in the office of Sub-Divisional Magistrate of Himmatnagar and it was informed by Mahmmedyusuf Haji Abdulrasulbhai Mutvalli of Himmatnagar that he has received phone call from his watchman Nanuram Fanat that his factory is set on fire and mob is looting factory premises. On receipt of such information, ASI Dalpatsinh Gobarsinh and other police officers went to the scene of offence and noticed that mob of approximately 200 persons were rioting and looting the factory premises. The mob was directed to disperse but still it did not, therefore, one round was fired from service revolver and thereafter mob was dispersed and from that mob, accused no.1 and accused no2 were caught. Thereafter, complaint was filed against the aforesaid two accused as well as about 200 persons for the offences punishable under Sections 395 , 436, 147, 149 of the INDIAN PENAL CODE and Section 135 of the BOMBAY POLICE ACT .

3. After completion of the investigation, the police has filed charge-sheet against the accused for the aforesaid offences and the case was committed to the concerned Judicial Magistrate First Class, Himmatnagar.

4. As the case was exclusively triable by the sessions division, the case was committed to the Sessions Court, Sabarkantha and thereafter it was transferred to the court of learned Additional Sessions Judge, First Track Court No.4, Sabarkantha-Himmatnagar. The trial court has framed charges for the offences punishable under Sections 395 , 436, 147, 149 of the INDIAN PENAL CODE and Section 135 of the BOMBAY POLICE ACT against the accused. The accused denied commission of any such offences and claimed to be tried.

5. During the course of the trial, the prosecution got examined PW-1 to PW-6 witnesses and got marked five exhibits to substantiate its case against the accused.

6. At the culmination of the trial, after considering the both oral and documentary evidence on record, as the accused found not guilty for any of the aforesaid charges levelled again them, acquitted the accused for the aforesaid charges by impugned judgment.

7. Aggrieved thereby, the State has preferred the present appeal against the said judgment of acquittal.

8. We have heard learned Additional Public Prosecutor Ms.Maithili Mehta at length for the State and also perused the record and proceedings and considered the evidence on record.

9. Learned APP for the appellant-State submitted that the learned Sessions Judge has committed grave error in appreciating the facts of the case as well as the provisions of law while acquitting the accused persons. Learned APP further submitted that the learned Sessions Judge has erred in appreciating the prosecution witnesses. Learned APP has further submitted that the judgment and order of acquittal is contrary to law and evidence on record and therefore deserves to be quashed and set aside and lastly prayed to allow this appeal.

10. Before dealing with the rival contentions of the parties, it would be appropriate to analyze the relevant ocular and documentary evidences of the prosecution witnesses.

11. The prosecution has examined star witness PW-1 Manuram Dhulaji Fanat vide Exh.25. As per the prosecution case PW-1 Manuram Dhulaji Fanat is eye witness of the alleged incident. He has stated the facts that he was watchman in Sabar Agro Industries, GIDC, Motipura. On 03/03/2002, he was in the factory and in the evening there came the mob of people with the weapons and set the fire in