JUDGMENT :

ILESH J. VORA, J.

1. Here is the Appeal by the State against the judgment and order of acquittal.

2. Being dissatisfied by the judgment and order passed by the learned Sessions Judge, Banaskantha, Palanpur, passed in Sessions Case No.194 of 2000, dated 23.03.2001, acquitting the respondent from the offence under Section 302 read with Section 34 of the IPC and Section 135 of the Bombay Police Act, the State has preferred instant appeal under Section 378 of the Cr.P.C.

3. This Court has heard Mr. J. K. Shah, learned Additional Public Prosecutor, learned advocates Mr.P.R. Abhichandani, with Mr.Tushar Chaudhary and Mr.M.C. Barot, for the respective parties.

4. Brief facts giving rise to file the present Appeal are that, four accused – respondents herein were tried and prosecuted for the offence of murder. The incident of murder being took place at Village Salempura, Palanpur, Banaskantha. The deceased Bhagvan Vala and accused party belong to the same community and residing in the same area of the village. According to the prosecution case, on 18.06.2000, deceased Bhagvan was brutally assaulted by the accused with the weapon skype (dhariya) and stick. The deceased had gone to call