(1.) THE present Criminal appeal no. 715 of 2009, under section 374 of the Code of the Criminal Procedure, 1973 is at the instance of State directed against the judgment and order of acquittal dated 21. 1. 2009 passed by the learned Additional Sessions Judge, Vadodara in Sessions Case No. 151 of 2003 whereby the accused have been acquitted from the offence leveled against him.
(2.) THE brief facts of the prosecution case are as under:
(3.) THEREAFTER, as the case was exclusively triable by the Sessions Court, the same was committed to the Sessions Court, which was numbered as Sessions Case No. 151 of 2003. The trial was initiated against the respondent.