BACHUBHAI JUMABHAI JAT Vs. MOHANLAL SHANKARLAL PANCHAL

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 17.4.2002 passed by the learned Judicial Magistrate, First Class, Modasa in Criminal Case No. 3085 of 1994 (main and allied Criminal Case No. 3104 of 1995), whereby the accused have been acquitted from the charges leveled against them.

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

(3.) IT was contended by learned Counsel Mr. Ramakrishnan that the judgment and order of the learned trial Court is against the provisions of law; the learned trial Court has not properly considered the evidence led by the complainant and looking to the provisions of law itself it is established that the complainant has proved the whole ingredients of the evidence against the present respondents. Learned Counsel has also taken this Court through the oral as well as the entire documentary evidence. He has contended that the learned Judge has caused miscarriage of justice by releasing the accused person on acquittal on mere assumptions and presumptions and biased approach. He has also contended that the appellant was tortured by the accused persons for the simple reason not to ride on a horseback.