1. The present appeal is preferred by the State under S.378(1)(3) of the Code of Criminal Procedure 1973 (for short "the CrPC") against the judgment and order dated 31.3.1999 in Sessions Case No.47 of 1997 passed by the learned Additional Sessions Judge, Ahmedabad (Rural) at Gandhinagar acquitting the accused persons for the offences punishable under S.302, S.120 - B read with S.34 of the Indian Penal Code 1860 and S.135 of the Bombay Police Act.

2. The facts of the present case in nutshell are as under :
2.1 It is the case of the prosecution that deceased Bhalaji - brother of the complainant along with his children was residing besides the complainant at Kolvada of Gandhinagar Taluka. It is alleged that accused No.1 - Babuji Thakor was calling deceased Bhalaji time and again for doing his household work and was also having made him to drink liquor. It is alleged that as Bhalaji was going at the place of accused No.1 frequently, he was having sexual relations with accused No.2 - Sakuben alias Shakriben, wife of accused No.1. It is alleged that accused No.2 was visiting the place of deceased Bhalaji frequently. On 23.5.1997 at about 7.00 hours in the night, the complainant and Bhavn