JUDGMENT :

S.V. PINTO, J.

1. This appeal has been 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 learned Sessions Judge, Bhavnagar (hereinafter referred to as "the learned Trial Court") in Sessions Case No. 189 of 2007 on 23.05.2011, whereby, the learned Trial Court has acquitted the respondents for the offence punishable under Sections 452 , 306, 504, 506(2) and 114 of the INDIAN PENAL CODE , 1860 and Section 135 of the 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 30.05.2005, the complainant, Ashwinbhai Balabhai Solanki and his younger brother Ravi were at home and his parents and elder brother Raju and younger sister Poonam had gone out. At around 12.30 hours, the accused came armed with a stick, which was in the hands of the accused No. 1 and came into their house and asked them where their brother Raju was. The accused threatened them and told them to vacate the house and go away