(1.) Heard learned APP Ms. Jirga Jhaveri for the appellant - State and learned advocate Mr. B.K. Raj for the respondent No. 1 at length. The respondent Nos. 2 and 3 are expired and therefore, appeal qua respondent Nos. 2 and 3 stand abated.
(2.) The State has filed this acquittal appeal challenging the judgment and order dtd. 30/10/2007 passed by the learned Additional Civil Judge and Judicial Magistrate, First Class, Vadodara in the Criminal Case No. 7287 of 2001 for the offences punishable under Ss. 384, 323, 504, 511 and 114 of the Indian Penal Code.
(3.) The brief facts of the case are that on 2/11/2001 at about 15:15 hours, near check post, Tarsali Bypass, the respondent - accused called the complainant and demanded Rs.25.00 30 for break fast charges. That, all the accused persons in collusion with each other gave kick and fist blows to the complainant as well as caused severe injuries on various parts of the body by inflicting stick blows and therefore, the complainant lodged a complaint before the P.S.O, Makarpura Police Station. That, during the investigation, Police has recorded statement of witnesses and after completion of the investigation, charge sheet has been filed in the Court of learned Judicial Magistrate, First Class, Vadodara. That, since, the accused has not pleaded guilty to the charge and claimed to be tried and the prosecution therefore, led the evidence. At the conclusion of the trial, the learned Judicial Magistrate, First Class, Vadodara acquitted the accused and therefore, the State has preferred this appeal.
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