(1.) The present appeal is preferred by the appellant /State of Gujarat under Section 378(1)(3) of Criminal Procedure Code, 1973, against the judgment and order of acquittal passed by the Court of learned Joint District and Additional Sessions Judge, Fast Track Court No.6, Kheda at Nadiad in Sessions Case No. 178 of 2003 dated 02.08.2004, whereby, the respondentoriginal accused was acquitted of the offences under Sections 143, 147, 148, 149, 435, 436, 427, and 295 of the Indian Penal Code and under Sections 135 of Bombay Police Act.
(2.) The facts giving rise to filing of the present appeal are as under:
(3.) To prove the case against the accused, the prosecution has examined complainant, Medical Officer, Panch witnesses and police witnesses. The prosecution has also relied upon documentary evidence in support of oral evidence laid by prosecution before trial Court.