Prasanta Kumar Saikia, J.

1. This appeal is directed against the judgment dated 14.03.2008 passed by learned Sessions Judge, Darrang, Magoldoi in Sessions Case No. 1 (DM) of 1999 acquitting the respondents herein of offence under Sections 385/302 read with Section 149IPC. Being aggrieved, the State of Assam preferred this appeal citing several infirmities in the judgment under challenge.

2. Heard Ms. S. Jahan, learned Addl. Public Prosecutor appearing for the State. Also heard Mr. A.K. Bhattacharyya, learned Senior Counsel assisted by Mr. D. Talukdar for the respondents/accused No. 1 and 4 to 13 and Shri N. Dutta, learned Senior Advocate assisted by Mr. D. Talukdar, learned counsel for the respondents/accused No. 2 &3.

3. The facts, projected by the prosecution in its FIR and in the subsequent trial, in short, are that on 11.09.1996, a team of officers drawn from the Excise Department and Police Department, their number being 20 (twenty), under the leadership of Chiranjib Das, Excise Superintendent conducted (A2) conducted raids at various places, such as, Sipajhar, Bijulibari, Dipila, Kharupeta etc. doing liquor business illegally and in that process, caught several persons d