STATE OF GUJARAT Vs. JAGMALBHAI MOHANBHAI CHAVDA

JUDGEMENT

(1.) THE present appeal, under Section 378 of the Code of Criminal Procedure, 1973, is directed against the judgement and order of acquittal dated 31/5/1993 passed by the learned Judicial Magistrate First Class, Nadiad in Criminal Case No. 3743 of 1989 whereby the accused was acquitted of the charges leveled against him.

(2.) THE brief facts of the prosecution case are as under:

(3.) I have heard learned APP Mr. A.J. Desai on behalf of the appellant -State. I have gone through the papers and also the judgment and order of the Trial Court. It is contended by the learned APP that the judgment and order of the learned Judicial Magistrate is not proper, legal and it is erroneous. He has also contended that the judgment impugned is against the provisions of law, the trial Court has not properly considered the evidence led by the prosecution and looking to the provisions of law, it is established that the prosecution has proved all the ingredients of the evidence against the present respondent -accused. Learned APP has also taken this Court through the oral as well as the entire documentary evidence. He submitted that from the complaint and judgment of the Trial Court, it is clearly established that the accused was found committing offence punishable under Sections 279, 337, 338, 304(A) of the Indian Penal Code and Sections 112 and 116 of the Motor Vehicles Act. He further submitted that there was no reason for the learned Magistrate to disbelieve the prosecution case and to acquit the accused person.