STATE OF GUJARAT Vs. BABU @ NAGRAJ CHHOTABHAI KODI

JUDGEMENT

(1.) THE present appeal, under Section 378 of the Code of Criminal Procedure, 1973, is directed against the judgment and order of acquittal dated 7.1.2004 passed by the learned Addl. Sessions Judge, Rajkot in Criminal Appeal No. 19/2003, whereby the learned Addl. Sessions Judge has acquitted the accused of the charges levelled against him and set aside the judgment and order of conviction and sentence dated 23.9.2003 passed by the learned JMFC, Jasdan in Criminal Case No. 219/2003.

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

(3.) IT was contended by learned APPMr HL Jani that the judgment and order of the learned Addl. Sessions Judge is against the provisions of law; the Sessions Court has not properly considered the evidence led by the prosecution and looking to the provisions of law itself it is established that the prosecution has proved the whole ingredients of the evidence against the present respondent. Learned APP has also taken This Court through the oral as well as the entire documentary evidence. Mr Jani has further contended that the fire -arm was recovered from the possession of the respondent -accused and nowadyas, this is very danger for the society that a person is having fire arms without any pass or permit. Therefore, the impugned judgment and order passed by the learned Addl. Sessions Judge, Rajkot is required to be quashed and set aside and the judgment and order passed by the learned Magistrate is required to be confirmed.