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 mo