ORAL JUDGMENT

(PER : HONOURABLE MR. JUSTICE SANDEEP N. BHATT)

1. Feeling aggrieved and dissatisfied with the judgment and order of acquittal dated 23.02.1999 passed by the learned Additional Sessions Judge, Vadodara in Sessions Case No.38 of 1998 for the offences under Sections 451, 452, 395 and 506(2) of the Indian Penal Code, Section 25(1) of the Arms Act and Section 37(1) read with Section 135 of the B.P. Act., the appellant – State of Gujarat has preferred this appeal as provided under Section 378(1)(3) of the Code of Criminal Procedure, 1973 (“the Code” for short) inter alia challenging the judgment and order of acquittal in favour of the respondents - accused.

2. The case of the prosecution is as under :

2.1 On 10.07.1997 at about 5:00 to 5:30 p.m., when the complainant – Prakashbhai Maheshbhai Panjabi, his sister Ashaben, His grandfather Narayandas and mermaid Jyotiben were present in their home, the accused Nos.1 and 2 and other three persons came there. One of the accused had inquired about the complainant and pushed the complainant. Whereas one of the accused had snatched the gold chain and wrist-watch from Ashaben. Out of five accused, one had entered into the house from th