(1.) The present appeal is filed at the instance of the State under Sec. 378 of the Code of Criminal Procedure, 1973, against the judgment and order dtd. 2/4/1998 passed by the learned Sessions Judge, Jamnagar, in Sessions Case No.74 of 1997. By the said impugned judgment and order, the learned Sessions Judge has recorded acquittal of present respondent-original accused for the offence alleged under Sec. 302 of the Indian Penal Code (for short, "I.P.C.").
(2.) In a nutshell, the case of the prosecution may be summarized as under:
(3.) Looking to the nature of the offence, the case was committed to the Court of learned Sessions Judge under Sec. 209 of the Code. The respondent-accused was produced before the learned Sessions Judge who had pleaded not guilty.