This appeal is directed against the judg­ment and order dated 21.8.2000 passed by the learned Sessions Judge, North Lakhimpur, in Sessions Case No.48(NL)/1997. By the aforesaid order the respondents/accused have been acquitted of the offences under Sections 147/148/1497 447/302, I.P.C.

2. The relevant facts may be noticed at this stage. A first information report was lodged be­fore the in-charge, Panigaon Police Outpost by one Dineswar Doley, Beel Supervisor, al­leging that certain persons belonging to Rajabura Gaon forcibly took away fishing nets erected in the Beel by villagers belonging to Ghuligaon village and furthermore that two fishermen engaged by the Ghuligaon villagers were abducted. On the basis of the aforesaid F.I.R. North Lakhimpur P.S. Case No.91111990 under Sections 143/379/365/435, IPC was registered.

It appears that after the said incident some of the Ghuligaon villagers armed with deadly weapons came to Rajabura village and re­covered the fishermen who were taken away by the Rajabura villagers. Thereafter, an F.I.R. dated 11.11.90 was lodged by one Debakanta Pegu (PW 2), of Rajabura village alleging that the six accused named therein belonging to Ghuligaon village (respondents in this appeal) had attacked and caused inju­ries to several persons of Rajabura village with sharp weapons. The incident mentioned in the F.I.R. is alleged to have taken place at about 10.00 A.M. of 11.11.90. On the basis of the aforesaid ejahar filed, North Lakhimpur P.S. Case No.913/1990 under Sections 147/1487 149/447/326 (later on converted to Section 302), IPC was registered.

It appears that on the same day i.e. 11.11.90 another F.I.R. was lodged by one Nila Kanta Pegu on behalf of Ghuligaon vil­lagers alleging that when they had protested against the acts of the Rajabura villagers in destroying the fishing nets and taking away two fishermen the Rajabura villagers had at­tacked persons from the Ghuligaon village causing injury to them. On the basis of the aforesaid F.I.R. North Lakhimpur P.S. Case No.914/1990 under Sections 147/447/326/379, IPC was registered.

Investigation in respect of the three cases registered, as noticed above, were under­taken by the investigating agency on comple­tion of which charge-sheet was submitted against the named accused belonging to Ghuligaon village in North Lakhimpur P.S. Case Na913/90. Similarly, charge-sheet was submitted in North Lakhimpur P.S. Case No.914/90 against the villagers of Rajabura village. North Lakhimpur P.S. Case No.9111190 ended in Final Report.

3. Some of the offences alleged in North Lakhimpur P.S. Case No.913/90 corre­sponding to G.R. Case No. 1543/90, being triable by the Court of Sessions the said case was committed to the Court of the learned Sessions Judge, Lakhimpur for trial. Sessions Case No.48(NL)/97 was thereafter regis­tered in the Court of Sessions at North Lakhimpur. North Lakhimpur P.S. Case No.914/90 (corresponding to GR. Case No. 1544/90) was tried in the Court of the learned Magistrate, First Class at North Lakhimpur. The aforesaid case ended in the acquittal of the accused therein on the basis of a judgment and order dated 22.12.97. The aforesaid judgment has attained finality in law as no appeal has been filed against the order of acquittal.

4. Insofar as Sessions Case No.48(NL)/97 is concerned, charge was framed against the accused persons under Sections 149/3 02/326, IPC to which the accused pleaded not guilty and claimed to be tried. In the course of the trial 11 witnesses were examined on behalf of the prosecution. The defence ex­amined 4 witnesses in support of its case. The statement of the accused persons were also recorded under Section 313, Cr.P.C. There­after, at the conclusion of the trial the learned Sessions Judge by the impugned judgment and order dated 21.8.2000 had acquitted all the accused/respondents. Aggrieved, this appeal has been filed by the State.

5. Before proceeding to consider the mer­its of the appeal in the light of th