(1.) The appellant State has, by way of the present appeal under Section 378 of the Code of Criminal Procedure, 1973, challenged the judgement and order of acquittal dated 28.6.1993 passed by learned Additional Sessions Judge, Panchmahals at Godhra in Sessions Case No. 86 of 1992 whereby the respondent original accused was acquitted of the charges under Sections 395, 397 and 427 of the Indian Penal Code.
(2.) The fact of the case, in brief, is that the complainant Vishnubhai Hiragar Gosai, driver of S.T. Bus bearing registration No. GRU 7586, lodged a complaint that on 13.12.1991 he was plying the bus to Dahod-Kalakhunt through Gangarddi. When it reached at Navanagar village at about 21.15 hours, stones were pelted which resulted in breaking front glass of the bus and the driver stopped the bus. The accused along with four other accused persons robbed the passengers in the bus and run away with the booty. On the basis of the complaint, investigation was carried out. After completion of investigation, chargesheet was filed against the accused and other four absconding accused persons. Since the offence was triable by Sessions Court, the case was committed to the Sessions Court.
(3.) The trial Court framed charges against the accused and it was explained to him. The accused pleaded not guilty to the charges and claimed to be tried. Therefore, the prosecution produced evidence. The trial Court, after completion of trial, acquitted the accused of the charges levelled against him by the aforesaid judgement. Hence the present appeal.