KANUBHAI ISHWARBHAI PATEL Vs. BHARATBHAI JASHBHAI PATEL

JUDGEMENT

(1.) THE present appeal, under section 378 of the Code of Criminal Procedure, 1973, is directed against the judgment and order dated 20.5.2004 passed by the learned JMFC, Barida in Criminal Case No. 1002/1996, whereby the accused has been acquitted of the charges leveled against him.

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

(3.) AT the outset it is required to be noted that the principles which would govern and regulate the hearing of appeal by this Court against an order of acquittal passed by the trial Court have been very succinctly explained by the Apex Court in a catena of decisions. In the case of M.S. Narayana Menon @ Mani Vs. State of Kerala and Anr, reported in (2006)6 SCC, 39, the Apex Court has narrated about the powers of the High Court in appeal against the order of acquittal. In para 54 of the decision, the Apex Court has observed as under: ?54. In any event the High Court entertained an appeal treating to be an appeal against acquittal, it was in fact exercising the revisional jurisdiction. Even while exercising an appellate power against a judgment of acquittal, the High Court should have borne in mind the well-settled principles of law that where two view are possible, the appellate court should not interfere with the finding of acquittal recorded by the court below.?