(1.) The present appeal, under section 378 of the Code of Criminal procedure, 1973, is directed against the judgement and order of acquittal dated 22.12.2008 passed by the learned Additional Sessions Judge & Special Judge,2nd Fast Track Court, Anjar-Kutch in Sessions Case No.37 of 2008 whereby the accused were acquitted of the charges leveled against them.
(2.) The brief facts of the prosecution case are as under:
(3.) To prove the guilt against the accused the prosecution has examined the following witnesses: 01 Jamnaben w/o Savabhai Samalia (Exh.14) 02 Deepak Savjibhai Samalia(Exh.16) 03 Ravjibhai Premjibhai Patel (Exh.17) 04 Kashigar Hiragar Goswami(Exh.21) 05 Dr.Krudant Govindbhai Arya(Exh.25) 06 Kulaben Govabhai Samalia(Exh.27) 07 Isha Abha Katia (Exh.28) 08 Vasudev Mohanlal Tank(Exh.30) 09 Dayaram Jadavji Veged (Exh.32)