STATE OF GUJARAT Vs. RAMUBHAI VARMALIBHAI KOLI PATEL

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 30.4.1998 passed by the learned Chief Judicial Magistrate, Surat in Criminal Case No. 210/1991, whereby the accused has been acquitted of the charges under Section 409 of IPC, leveled against him.

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

(3.) IT was contended by learned APP that the judgment and order of the trial Court 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 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.