STATE OF GUJARAT Vs. CHANDRAKANT T KACHIA

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 26.7.1994 passed by the learned Judicial Magistrate First Class, Anand in Criminal Case No.4800-A of 1985, whereby the accused has been acquitted from the charges leveled against him.

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

(3.) IT is also a settled legal position that in acquittal appeal, the appellate court is not required to re-write the judgment or to give fresh reasonings, when the reasons assigned by the Court below are found to be just and proper. Such principle is laid down by the Apex Court in the case of State of Karnataka Vs. Hemareddy, reported in AIR 1981 SC 1417 wherein it is held as under: