ORAL JUDGMENT

(PER : HONOURABLE MR.JUSTICE ANANT S. DAVE)

1. This appeal is filed under Section 378 of the Code of Criminal Procedure 1973 (for short “the Code 1973”) by the appellant-State of Gujarat against the order of acquittal passed by the learned Additional Sessions Judge, Vadodara in Sessions Case No.207/1986 on 27.2.1987 for the offence punishable under Section 395 of Indian Penal Code.

2. That short facts giving rise to the present appeal is as under:

2.1 As per the prosecution case, the complaint of the complainant Ishwarbhai Mathurbhai, that on 5.8.1986 at about 11:30 p.m. the accused persons went to the residential house of the complainant Ishwarbhai Mathurbhai and Bachubhai Manibhai Mansinh, witness etc. and they entered into the house of the informant and other witnesses with intention to commit robbery etc. and threats were given to kill them and decamped with valuables, house hold kits, cash etc. and the present four accused persons (respondents) along with three others robbed them of their articles by inflicting injuries/blows to them. On these facts accused were charge-sheeted for the aforesaid offence.

3. Upon committal, the case was tried being Sessions Case No. 207