STATE OF GUJARAT Vs. LALJI KARSAN HIRANI

JUDGEMENT

(1.) THE appellant?State of Gujarat, has preferred this Appeal under Section 378 of the Code of Criminal Procedure, 1973 against the judgment and order of acquittal dated 30th July 1992 passed by the learned Chief Judicial Magistrate, Bhuj-Kachchh, in Criminal Case No.7797 of 1988, whereby the learned Magistrate was pleased to acquit the respondents-accused from the charges levelled against them.

(2.) THE short facts of the prosecution case is that on 05th May 1988 at about 06:00 hours in the morning, when the complainant returned back to her house from his uncle-in-law's house, the respondents-accused have abused the complainant. It is also the case of the complainant that the respondents-accused had given knife blows and stick blows on the legs of complainant and also abused her and threatened to kill her. THErefore, a complaint to that effect is registered with Bhuj Taluka Police Station on 05th May 1988. THEreafter, the Investigating Officer had recorded statement of witnesses and also drawn panchnama of place of offence. Recovery panchnama was also drawn. THEreafter, after completing the investigation, charge-sheet came to be filed against the respondents-accused in the Court of Chief Judicial Magistrate, Bhuj for the offence punishable under Sections 504, 324, 325, 506(2), 114 of the Indian Penal Code and also under Section 135 of the Bombay Police Act.

(3.) BEING aggrieved and dissatisfied with the said judgment and order of acquittal dated 30th July 1992 passed by the learned Chief Judicial Magistrate, Bhuj, the appellant?State of Gujarat, has preferred the present Criminal Appeal.