(1.) THE State of Gujarat is before this Court being aggrieved by the judgment and order dated 06.02.1992 passed by the learned Additional Sessions Judge, Mehsana, in Sessions Case No.236 of 1990, whereby the learned Additional Sessions Judge was pleased to record acquittal for offence under Sections 302 and 452 of the Indian Penal Code and Section 135(1) of the Bombay Police Act.
(2.) THIS Court is conscious that this is an appeal against an order of acquittal and the Hon'ble the Apex Court has reiterated scope and ambit of appeal against acquittal under Section 378 of the Code of Criminal Procedure. The Hon'ble the Apex Court in the case of Shivaji Sahebrao Bobade & Anr. Vs. State of Maharashtra, reported in (1973) 2 SCC 793 = AIR 1973 SC 2622 had an occasion to observe as under:-
(3.) FROM the aforesaid discussion, it is clear that the learned Additional Sessions Judge, Mehsana has committed an error, which will warrant interference at the hands of this Court in an appeal against acquittal.
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