STATE OF GUJARAT Vs. KOLI (TALPADA) MAHESH @ TODADOHEMUBHAI

JUDGEMENT

(1.) THIS Criminal Misc. Application has been filed by the State seeking leave to appeal against the judgment of acquittal recorded by learned Additional Sessions Judge, Mehsana in Sessions Case No.42 of 2010.

(2.) BRIEFLY stated the prosecution version is that when the complainant was driving a truck bearing No.GJ-1-TT-7634 which was carrying 540 ton of cotton, the accused took a lift in the said truck on the pretext that they wanted to go to Becharaji for pilgrimage. After boarding the truck, the accused overpowered the driver and blind folded and dumped him in the back seat. One of the accused sat on the driving seat and took charge of the truck. The accused took away Rs.1600/- from the complainant and also threatened to kill him. Near Dhrangdhara bypass two of the accused drew away the truck whereas the other two also got down at the same spot. The complainant further stated that he removed his blind folds and went to the fields nearby and collected people who nabbed two of the accused on the spot.

(3.) HAVING perused the judgment and record with the assistance of the learned APP, we are of the opinion that within the narrow confine and the scope of appeal against the acquittal, this is not a fit case where the judgment of the acquittal can be reversed. No case for granting leave to appeal is made out. The application is, therefore, dismissed. Resultantly the appeal against acquittal also stands dismissed.