LAWS(GJH)-2010-2-408

STATE OF GUJARAT Vs. DAHYABHAI BIJALBHAI MAKWANA

Decided On February 10, 2010
STATE OF GUJARAT Appellant
V/S
Dahyabhai Bijalbhai Makwana Respondents

JUDGEMENT

(1.) THE present appeal, under Section 378(1)(3) of the Code of Criminal Procedure, 1973, is directed against the judgment and order of acquittal dated 20.12.2003 passed by the learned Judicial Magistrate, First Class, Ahmedabad (Rural) in Criminal Case No. 715 of 1998, 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 APP that the judgment and order of the Sessions Court is against the provisions of law the Sessions 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. He has also contended that learned trial Judge has not considered the evidence led by the prosecution and therefore, the order of acquittal is not just and proper, requires to be quashed and set aside.