JUDGMENT :

CHEEKATI MANAVENDRANATH ROY, J.

1. The respondent Nos. 1 to 3 were prosecuted for the offences punishable under Sections 447, 392, 397 r/w. Section 114 of the Indian Penal Code, 1860 (IPC) and under Section 135 of the Bombay Police Act in Sessions Case No. 98 of 2009 on the file of learned Sessions Judge, Bhavnagar. At the culmination of the trial, they were acquitted of all the aforesaid charges by the impugned judgment dated 10.10.2012. Aggrieved thereby, the State has preferred the instant appeal assailing the legality and validity of the said judgment of acquittal.

2. Brief overview of the facts of the prosecution case may be stated as follows:

2.1 The complainant is an agriculturist by profession. There was a rivalry between the complainant and the accused who are accused Nos. 1 to 3 (A1 to A3) in the said case. On the night of 05.01.2009, the complainant, who is examined as PW-1, was sleeping in his field on a cot. While he was sleeping, at about 3:00 a.m., it is stated, that A1 to A3 came to the field of the complainant. A1 was holding a Dhariya (Scythe), A2 was holding a Hockey stick and A3 was holding a wooden stick and A2 attacked the complainant with a Hockey stic