(1.) The present appeal is preferred by the State under sec. 378(1)(3) of the Code of Criminal Procedure 1973 (for short "the CrPC") against the judgment and order dtd. 15/6/1999 in Sessions Case No.60 of 1998 passed by the learned Additional Sessions Judge, Banaskantha at Palanpur acquitting the accused persons for the offences punishable under Sec. 302, 324, read with sec. 34 of the Indian Penal Code 1860.
(2.) The facts of the present case in nutshell are as under :
(3.) It also came on record that after Nevabhai refused the charges levelled against him, which were framed vide Exh.3 and claimed to be tried, he was tried for the aforesaid charge.