STATE OF GUJARAT Vs. BHPATBHARTHI KHODABHARTHI BAVAJI

JUDGEMENT

(1.) This is an appeal directed against the impugned judgment dated 10-8-1992 in Criminal Case No. 919 of 1989 rendered by the learned Judicial Magistrate First Class, Dhari. By that judgment the learned Magistrate has acquitted the accused. This appeal is filed u/s. 378(1) Cr.P.C. 1973 by the State of Gujarat. The respondents in this case were the accused in said Criminal Case No. 919 of 1989.

(2.) Brief facts of the case as revealed in the complaint are as follows:-

(3.) The learned Magistrate on the basis of Police papers framed a charge at Exh. 21 against accused for offences punishable under Section 323, 324, 504, 506(2) read with 114 of the I.P.C. and also under Section 135 of the Bombay Police Act. The prosecution examined ten witnesses in support of the case and led documentary evidence also. After appreciating the evidence led by the prosecution and after hearing the learned advocates for both the parties, the learned Magistrate reached to a conclusion that the prosecution has failed to prove the case against the accused for which a charge has been framed, beyond reasonable doubt and therefore by rendering his judgment on 10-8-1992 he acquitted all the four accused.