(1.) The State of Gujarat has preferred this Appeal under Sec. 378 of the Code of Criminal Procedure, 1973 against the judgment and order dated 13th April 1994 passed by the learned Additional Sessions Judge, Rajkot in Sessions Case No. 98 of 1992, whereby, the learned Addl. Sessions Judge has been pleased to pass an order of acquittal in favour of the accused for the offence punishable under Sections 302 of the Indian Penal Code read with Sections 37 [1], 135 of the Bombay Police Act.
(2.) The case of the prosecution in nutshell is that -
(3.) To prove the charge levelled against the respondent-accused, the prosecution, in all examined 17 witnesses, viz.,