JUDGMENT : ILESH J. VORA, J. 1. Here is the appeal by the State against the judgment and order of acquittal. 2. Being aggrieved and dissatisfied by the common judgment and order dated 16.05.2009 passed by the learned Additional Sessions Judge, Surat in Sessions Case nos. 154 of 2004 and 245 of 2005, acquitting the respondents-original accused nos. 1 to 6, 8, 10 to 13 and 14 from the offences under Sections 394/397 and 120-B read with Section 34 of the Indian Penal Code, 1860 (old) (‘IPC’ for short) and Section 25(1B) of Arms Act, 1959 and Section 135 of Bombay Police Act, 1951 (‘B.P. Act’ in short), the State has preferred instant appeal under Section 378 of the Code of Criminal Procedure, 1973 (old) (‘Cr.P.C.’ in short). 3. Facts and circumstances giving rise to file this appeal are that, respondents accused were tried for the offence of robbery with attempt to cause death or grievous hurt. The original accused nos. 7 and 9 hit witness Bharatbhai PW-1 on his head with iron rod and witness Pravanbhai PW-3 with country-made pistol caused grievous hurt and took away the bag filled with the diamonds, whereby they tried to cause death of the witnesses and committed an offence of robbery with an attempt to cause death or grievous hurt. In these background facts, it is the case of the prosecution that on 07.10.2003, the act of robbery was executed at the place near Varachha Umiya Temple. The complainant PW-1 was in business of Rough Diamonds at Surat and was used to purchase it from one Jagdishbhai. The accused no. 1, in connivance with the co-accused, have had hatched criminal conspiracy with a common object to rob the huge quantity of diamonds from the employee of the complainant PW-1. They made racky before the execution of the plan. They hired the persons from Uttar Pradesh viz. accused nos. 7 and 9. They imported the arms from the Uttar Pradesh. On the day of execution of the offence, accused no. 7 armed with countrymade pistol along with other were kept vigil and waited at the place of the offence and accused no. 9 armed with iron rod was also accompanied to the accused no. 7. On the day of incident as per the plan, when PW-2 Bharatbhai Sambhubhai and PW-3 Pranav Deepakbhai, while they were passing the road, on their bike, accused nos. 9 armed with iron rod was also accompanied to the accused no. 7. On the day of incident as per the plan, when PW-2 Bharatbhai Sambhubhai and PW-3 Pranav Deepakbhai, while they were passing the road, on their bike, accused nos. 7 and 9 hit the PW-2 Bharatbhai with an iron rod and accused no. 7 Amarsingh sought Pravanbhai PW-3 with country-made pistol and took away the diamonds filled bag. In the circumstances, the complainant PW-1 lodged an FIR for the alleged offence of robbery with an attempt to cause death or grievous hurt. The Surat Police, during the course of investigation, learnt that the accused no. 1 in connivance with the accused nos. 4, 5 and 6, made a plan to loot the rough diamonds of the complainant and in order to execute the act of robbery, they contacted accused nos. 7, 8, 9 and others, who belong to State Uttar Pradesh and after knowing the rout of transportation of diamonds to be carried by the employee PW-1, executed a plan of robbery on 07.10.2003, in the manner, as narrated above. The police arrested the 14 persons, who were either actively participated in the offence or aided the co-accused in the commission of the offence. The police had recovered the case as well as the rough diamonds from the accused. During the test identification parade, accused nos. 7 and 9 were identified by PWs. 2 and 3. 4. At the end of investigation, the chargesheet came to be filed against accused nos. 1 to 13 which had culminated into Sessions Case No. 154 of 2004 and thereafter, supplementary chargesheet was being filed against accused no. 14 which was registered as Sessions Case No. 245 of 2005. 5. On the basis of material on record, the charge was framed against the respondents to which the respondents pleaded not guilty and therefore, they came to be tried by the trial Court, accordingly. 6. 14 which was registered as Sessions Case No. 245 of 2005. 5. On the basis of material on record, the charge was framed against the respondents to which the respondents pleaded not guilty and therefore, they came to be tried by the trial Court, accordingly. 6. In order to prove the case against the respondent, prosecution has examined 116 witnesses and exhibited 52 documents in support of its case as per the following table: Oral Evidence PW-1 - Exh.61 Bharatbhai Jadavjibhai Khaini, complainant PW-2 - Exh.113 Bharatbhai Shambhubhai Rubapara PW-3 - Exh.114 Pranavbhai Dipakbhai Timaniya PW-4 - Exh.128 Kishorbhai Vallabhbhai Ghelani, panch witness PW-5 - Exh.134 Tarunbhai Babubhai, panch witness PW-6 - Exh.142 Sunil Pravinchandra Jinwala, panch witness PW-7 - Exh.155 Lalitbhai Gemani, panch witness PW-8 - Exh.157 Sandip Eknath Patil, panch witness PW-9 - Exh.170 Firoz Aiyub Shaikh, panch witness PW 10 - Exh.171 Jivrajbhai Ranchhodbhai, panch witness PW-11 - Exh.175 Rahimkhan Shabbirkhan Pathan, panch witness PW-12 - Exh.177 Kaluram Dulaji Prajapati, panch witness PW-13 - Exh.178 Babubhai Savjibhai, panch witness PW-14 - Exh.185 Abdul Raul Abdul Samad Shaikh, panch witness PW-15 - Exh.187 Dhirubhai Arjanbhai, panch witness PW-16 - Exh.194 Vikesh Krushnachand Dholakiya, panch witness PW-17 - Exh.196 Pareshbhai Jagdishbhai Patel, panch witness PW-18 - Exh.201 Jagreshbhai Babubhai Shah, panch witness PW-19 - Exh.209 Bhupatbhai Bhikhabhai Barad, panch witness PW-20 - Exh.207 Rahimkhan Shabbirkhan Pathan, panch witness PW-21 - Exh.218 Dilipbhai Ranchhodbhai, panch witness PW-22 - Exh.221 Manjibhai Vasrambhai, panch witness PW-23 - Exh.225 Rajeshbhai Amitbhai Patoriya, panch witness PW-24 - Exh.241 Dhirajlal Haribhai, panch witness PW-25 - Exh.256 Manjibhai Valjibhai Mangukiya, panch witness PW-26 - Exh.263 Akshaybhai Chandulal Patel, panch witness PW-27 - Exh.269 Mahammed Ikbal Gulammustafa, panch witness PW-28 - Exh.280 Mahammed Riyaz Ismail Shaikh, panch witness PW-29 - Exh.283 Dhirubhai Balubhai Vaghasiya, panch witness PW-30 - Exh.288 Saiyed Ibrahim Kazi, panch witness PW-31 - Exh.293 Virendra Mahendrabhai Modi, panch witness PW-32 - Exh.299 Mohammed Riyaz Ismail Shaikh, panch witness PW-33 - Exh.304 Rameshbhai Vitthalbhai, panch witness PW-34 - Exh.318 Rajendra Bhavrav Patil, panch witness PW-35 - Exh.325 Popatbhai Manjibhai Savani, panch witness PW-36 - Exh.338 Vijaybhai Natvarlal Bansilal PW-37 - Exh.345 Rameshbhai Shamjibhai Vaghasiya, panch witness PW-38 - Exh.364 Arjunbhai Bhamar Kathva, panch witness PW-39 - Exh.377 Nanalal Bhairaji PW-40 - Exh.382 Bhikhubhai Babubhai Talaviya PW-41 - Exh.405 Kishorbhai Vallabhbhai Sangani PW-42 - Exh.411 Himmatbhai Ukabhai PW-43 - Exh.424 Pravinbhai Ramjibhai Sutaria PW-44 - Exh.431 Dr. Manoj Narang PW-45 - Exh.443 Dr. Manoj Narang PW-45 - Exh.443 Dr. Odhavjibhai Dhanjibhai PW-46 - Exh.452 Nanubhai Jivrajbhai PW-47 - Exh.457 Vijay Narsingh Chudasama, panch witness PW-48 - Exh.458 Rakeshkumar Sumatilal Desai PW-49 - Exh.461 Rajesh Raghavji Shah PW-50 - Exh.462 Dilipbhai Amulak Shah PW-51 - Exh.470 Hariomji Bhagvandas PW-52 - Exh.471 Sharif Bashirbhai PW-53 - Exh.472 Balkishan Shriganeshdutt Garg PW-54 - Exh.477 Gautambhai Udesinghbhai Barot PW-55 - Exh.481 Dhansukhbhai Khodabhai Ghelani PW-56 - Exh.482 Pradipbhai Lallubhai Chauhan PW-57 - Exh.491 Sanjaybhai Nanjibhai Bhalala PW-58 - Exh.492 Ashwinbhai Babubhai Dobariya PW-59 - Exh.494 Nileshbhai Chandrakantbhai Patel PW-60 - Exh.498 Dipakbhai Ishwarbhai Patel PW-61 - Exh.499 Bharatbhai Dhirajsingh Solanki PW-62 - Exh.503 Dineshbhai Ravjibhai Virani PW-63 - Exh.505 Labhubhai Bavsingbhai PW-64 - Exh.509 Gaurang Mahendrabhai Patel PW-65 - Exh.511 Nilesh Kapilchand Varani PW-66 - Exh.516 Durlabhji Laljibhai PW-67 - Exh.518 Pravinbhai Lakshmanbhai, panch witness PW-68 - Exh.524 Ashwin Govindbhai Kukadiya PW-69 - Exh.536 Jagdishbhai Dhirubhai Khunt PW-70 - Exh.544 Pappu Naranji Rawat PW-71 - Exh.549 Devilal Vardhaji Rawat PW-72 - Exh.553 Raghavbhai Parshottambhai Maniya PW-73 - Exh.557 Rasikbhai Batukbhai Thummar PW-74 - Exh.563 Arvind Mohanbhai PW-75 - Exh.564 Kanchanben Ranchhod Patel PW-76 - Exh.571 Hemrajbhai Naran Patel PW-77 - Exh.572 Bavchand Valjibhai Galani PW-78 - Exh.575 Sureshbhai Babaldas Patel PW-79 - Exh.582 Pankajbhai Jawaharlal Jariwala PW-80 - Exh.590 Kalubhai Lakshmanbhai Sisodiya PW-81 - Exh.596 Jatinbhai Dhansukhbhai Ghelani PW-82 - Exh.602 Abdul Rasid Abdul Latif Shaikh PW-83 - Exh.603 Arvind Jivabhai Patel PW-84 - Exh.610 Ghanshyam Kalubhai Khunt PW-85 - Exh.616 Umeshbhai Shrimuni Rammishra PW-86 - Exh.631 Naranbhai Jadavbhai Patel PW-87 - Exh.651 Sandipbhai Eknath Patil, panch witness PW-88 - Exh.652 Ravindra Ramdas Patil, panch witness PW-89 - Exh.663 Bhupatbhai Fikrabhai, panch witness PW-90 - Exh.665 Ravjibhai Govindbhai, panch witness PW-91 - Exh.683 Rameshbhai Arjundas Israni, Executive Magistrate PW-92 - Exh.709 Manish Kanaiyalal, panch witness PW-93 - Exh.711 Pravinbhai Kalyanbhai PW-94 - Exh.712 Mahendrasingh Mansingh Jadeja, panch witness PW-95 - Exh.713 Dharmendrasingh Sardarsingh, panch witness PW-96 - Exh.715 Dilipbhai Bhaktiram Bavaji PW-97 - Exh.717 Kalabhai Masabhai Dangar PW-98 - Exh.722 Himmatsingh Kesarisingh Chavda PW-99 - Exh.736 Dineshbhai Ravjibhai PW-100 - Exh.741 Lavjibhai Parshottambhai Vasani PW-101 - Exh.755 Meena Rajnikant Dave PW-102 - Exh.762 Vishnubhai Sharma PW-103 - Exh.763 Ajitbhai Laljibhai Gameti PW-104 - Exh.766 Pritamsing Indersing, Assistant Sub-Inspector PW-105 - Exh.780 Bharatbhai Kapilrav Mistry PW-106 - Exh.784 Dineshbhai Dipchandbhai Damor, Police Sub-Inspector PW-107 - Exh.787 Govindbhai Virsingbhai Chaudhary, Police Inspector PW-108 - Exh.794 Dalsukhbhai Ukkadbhai, Head Constable PW-109 - Exh.805 Mahendrasinh Amarsinh Chaudhary, Police Sub-Inspector PW-110 - Exh.807 Kanubhai Kishorbhai Patel, Police Inspector PW-111 - Exh.822 Janakbhai Rawatbhai Vala, Police Inspector PW-112 - Exh.814 Lakshmanbhai Nanjibhai Patel PW-113 - Exh.823 Ajabsingh Muksingh Rathod, Police Inspector PW-114 - Exh.851 Ajaykumar Vidhyadhar Gakkhar, Police Inspector PW-115 - Exh.892 Manharbhai Lakshmanbhai Patel, Addl. Head Constable PW-116 - Exh.898 Ketalabhai Khatrabhai Dama, Police Constable Documentary Evidence Exh.62 Complaint Exh.129 Panchanama of place of offence Exh.130 Panchanama of recovery of clothes of injured person Exh.135 Panchanama of recovery of bullet from the body of injured person Exh.143 Panchanama of seizure of Page 130 from Register of Hotel Dimple Exh.147 Panchanama of seizure of Hero Honda from accused Sanjay Exh.156 Panchanama of taking signatures of accused Kishanlal, Rajeshwaridevi, Tejsingh Exh.172 Panchanama of production of cash by witness Raghavbhai Exh.176 Panchanama of production of cash by witness Ravjibhai Exh.179 Panchanama of seizure of cash from witness Arvindbhai Exh.186 Panchanama of seizure of cash from witness Rajeshbhai Exh.188 Panchanama of production of cash by Kanchanben Exh.195 Panchanama of production of cash by Hemrajbhai Exh.197 Panchanama of production of cash by father of accused Jagdish Exh.202 Panchanama of seizure of cash from witness Rakeshbhai Exh.208 Panchanama of production of Hero Honda by accused Manoj Exh.211 Panchanama of seizure of cash from witness Dhansukhbhai Exh.219 Panchanama of seizure of cash from witness Pravin Exh.220 Panchanama of seizure of cash from witness Ramesh Exh.222 Panchanama of seizure of articles from witness Kalabhai Exh.227 Panchanama of examination of cash recovered from accused Rajeshwaridevi Exh.229 Panchanama of seizure of Hero Honda and articles from witness Nathubhai Exh.249 Arrest Panchanama of accused Bharatbhai and others Exh.260 Panchanama of production of cash by witness Vijaybhai Exh.266 Panchanama of seizure of diamonds produced by witness Kishorbhai Exh.270 Panchanama of seizure of vehicle and diamonds Exh.284 Panchanama of seizure of cash from witness Gautambhai Exh.289 Panchanama of seizure of cash from witness Naranbhai Exh.300 Panchanama of weight of articles recovered from accused Narsinh Exh.317 Panchanama of seizure of articles recovered from home of accused Narsinh Exh.346, 347, 350, 353 to 355 Certificates of diamonds from witness Rameshbhai Exh.435 Certificate of medical treatment of witness Pranav Exh.445 Certificate of medical treatment of witness Bharatbhai Exh.519 Panchanama of test identification parade of accused Exh.664 Panchanama of articles seized from Dilipkumar Exh.666 Panchanama of seizure of cash from Dineshbhai Exh.710 Panchanama of recovery of cash from witness Mahendrabhai Exh.756 Report of Serology Department Exh.765 Report of Biology Department Exh.769 Photocopies of papers of vehicle seized under Section 41 and 102 Cr.P.C. at Agra Exh.770 Page No. 200-201 Exh.781 Ballistics Report Exh.788 Computer letter produced by complainant Exh.806 Panchanama of recovery of cash from witness Lakshmanbhai Exh.824 Copy of letter of sending articles to FSL Exh.825 Receipt by FSL regarding receiving articles 7. The respondents upon being questioned under Section 313 of the Cr.P.C. with regard to incriminating circumstances made against them in the evidence rendered by the prosecution and they denied it and not lead any evidence in defence. 8. The Trial Court convicted and sentenced the accused nos. 7 and 9 and directed them to undergo 7 years rigorous imprisonment with fine, whereas the respondents accused (original accused nos. 1 to 6 and 8 to 10 and 13 and 14) have been acquitted from the all charges. 9. In view of the aforesaid facts and circumstances, the State is before this Court by way of the present appeal under Section 378 of Cr.P.C. 10. Oral as well as documentary evidence: 10.1 In order to prove the charges, the prosecution examined 116 witnesses. Out of 116 witnesses, the material witnesses examined are PW-1 complainant, injured witness PWs. 2 and 3 viz. Bharatbhai Sambhubhai and Pranavbhai Deepakbhai. The witnesses have identified accused nos. 7 and 9 in the Court and deposed against them about the act of robbery, grievous hurt and attempt to murder. The evidence of test identification parade further strengthened the case of the prosecution to establish the complicity of accused nos. 7 and 9. In order to prove the injuries sustained by the aforesaid two witnesses, the prosecution examined treating doctor PWs. 44 and 45 and produced and proved the injury certificates Exhs.435 and 445. The learned Trial Court after appreciation of evidence, came to a conclusion that on 07.10.2003, on the road of Umiyadham Temple, Varachha, when the PWs. 2 and 3 carrying a bag of diamonds, came at the place on their bike, accused no. 7 fired upon PW-3 with the weapon which he had, due to which, he suffered grievous injuries on his shoulder and accused no. 9 hit the PW-2 Bharatbhai on his head with iron road and the motive for causing injuries was to loot the diamonds worth Rs.1 crore and accordingly, they took away the diamond bag. So far as accused respondents are concerned, the learned Trial Court has recorded that the prosecution has not been able to prove the case against the accused beyond reasonable doubt, as the evidence adduced by the prosecution are not sufficient to hold that the respondents accused have hatched the conspiracy with a common object to execute the offence of robbery and causing grievous hurt. 11. 11. We have heard learned APP Mr. L.B. Dabhi and Mr. J.R. Shah and Mr. Mafatar Pandey, learned advocates for the respective parties. 12. Mr. L.B. Dabhi, learned APP assailing the judgment and order of acquittal, has submitted that the findings of acquittal are contrary to law and evidence on record and the same are palpably erroneous and based on the irrelevant material which has resulted into miscarriage of justice and therefore, the judgment and order is not sustainable in law. 13. On the other hand, learned counsels appearing of the accused have supported the findings recorded by the Trial Court and contended that there is no sufficient evidence adduced by the prosecution to establish the charge of criminal conspiracy allegedly hatched by the respondents accused and their involvement in the alleged robbery. Thus, therefore, it would urge that the view taken by the Trial Court is a possible view and the prosecution miserably failed to point out the compelling reason warranting inference in the order and judgment of the acquittal. 14. Before venturing into the merits of the case, we would like to refer the scope of Section 378 of the Cr.P.C. while deciding an appeal against the judgment and order of acquittal. The Supreme Court in its various pronouncements has persistently emphasized that there are limitations while interfering with an order against acquittal. In exceptional cases, where there are compelling circumstances and the judgment under appeal is found to be perverse, the Appellate Court can interfere with the order of acquittal. The Appellate Court should bear in mind the presumption of innocence of the accused and further that the acquittal by the Lower Court bolsters the presumption of his innocence. Interference in routing manner, where the other view is possible should be avoided, unless there are good reasons for interference. 15. Applying the said principles and after going through the oral as well as documentary evidence and the reasons recorded by the Trial Court in its judgment, we are of the considered opinion that the learned Trial Court has properly evaluated evidence of the injured eyewitnesses and testimony of other witnesses while recording the acquittal of the respondents accused. The original accused nos. 7 and 9, who had actively participated, were held guilty by the Trial Court. The original accused nos. 7 and 9, who had actively participated, were held guilty by the Trial Court. The charge against the respondents accused was to the effect that they had hatched conspiracy to commit an offence of robbery and in order to execute the said conspiracy, they had consulted the co-accused. In order to prove the charge of conspiracy, they should be an agreement for doing illegal act and therefore, the essence of criminal conspiracy is an agreement to do an illegal act and such agreement can be proved either by direct evidence or circumstantial evidence. In the facts of present case, the prosecution has not adduced sufficient evidence to prove the element of conspiracy so far as the respondents accused are concerned. In such circumstances, we do not find any compelling reason warranting interference in the judgment of the acquittal as the findings of acquittal based on the evidence on record and the view of the Trial Court is possible view which do not warrant any interference. 16. Resultantly, in absence of any compelling reasons to interference with the judgment of acquittal, this acquittal appeal preferred by the State stands dismissed. The bail bonds if any stands cancelled. Surety, if any, given stands discharged. R&P to be sent tot he Trial Court concerned.