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1. Prefatorial profile :

At the very outset, let it be mentioned that on account of dissenting and divergent views expressed by two learned Judges of this Court in an acquittal appeal, under Section 378 of the Code of Criminal Procedure, 1973 (Cr.P.C.), the learned Chief Justice, has referred this appeal, pursuant to the exercise of the provisions of Section 392 of the Cr.P.C. and that is how, this single Bench is constituted to call upon to decide, determine and adjudicate upon as to whether it is a case of acquittal or conviction or for any other order or direction, as mandated by Section 392 of the Cr.P.C.?
The learned Sessions Judge, upon analysis, examination and evaluation of the prosecution evidence and after considering the rival submissions recorded acquittal, against the accused persons assigning, inter-alia, 24 main reasons to strengthen his conclusion by his judgment, recorded, on 25th March, 1991.
The acquittal appeal, at the instance of the State under Section 378 of the Cr.P.C. was heard by a Division Bench of this Court. But as observed hereinabove, in the prefatory para, on account of dissent and differing views, reference came to be made, and therefore, the learned Chief Justice has assigned this matter to this Court for examination and adjudication, in view of Section 392 of Cr.P.C.

This Court has heard the marathon submissions on many days, during the course of hearing. Written submissions are also filed and they are considered. The case-law relied on by the parties, is also, seriously examined and considered. This Court has also extensively, and elaborately, been taken through the excursion of the entire testimonial collections i.e., documentary and 'viva-voce' evidence, the case-law relied on by the Advocates appearing for the parties.

Keeping on the mental radar the provisions of Section 392 of the Cr.P.C. and the evolution of the principles, by host of case-law, and the discussions made by this Court in the prefatory paragraphs of this judgment, merits of the acquittal appeal and the challenge against it ought to be considered and adjudicated upon,