STATE OF GUJARAT Vs. BHANBHAI JIVABHAI VARU

JUDGEMENT

(1.) HEARD learned advocates for the parties.

(2.) THE State of Gujarat, appellant, hereinabove, has preferred this appeal under Section 378 of the Code of Criminal Procedure, 1973, challenging the order of acquittal dated 20.9.2004 passed by the Judicial Magistrate First Class, Rajula in Criminal Case No. 14 of 2003 acquitting the accused respondent hereinabove of the charge of committing the offence punishable under Section 39 of the Indian Electricity Act, 1910 (hereinafter referred to as "the Electricity Act" for the sake of brevity).

(3.) THE facts, in short, leading to filing of this appeal deserve to be set out as under: