STATE OF GUJARAT Vs. MANUBHAI DESAIBHAI BARIYA

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied with the judgment and order of acquittal dtd. 30/8/1997 passed by the learned Additional Sessions Judge, at Nadiad in Special Case No.18 of 1997, whereby the respondent accused came to be acquitted for the offences under Sec. 435, 436 of the Indian Penal Code and under Sec. 3(i)(x) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 the appellant - State has preferred present appeal under Sec. 378 of the Code of Criminal Procedure, 1973 ("the Code" for short).

(2.) The State has preferred this appeal against the judgment and order dtd. 30/8/1997 passed by the learned Additional Sessions Judge, Nadiad below Exh.26 in Special Case No.18 of 1997 under Sec. 435, 436 of Indian Penal Code and under Sec. 3(i)(x) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 whereby the respondent accused was acquitted for the offences under Sec. 435, 436 of the Indian Penal Code and under Sec. 3(i)(x) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.

(3.) Heard learned Additional Public Prosecutor Mr. Manan Mehta appearing for the appellant - State and learned advocate Mr. P.V. Patadiya appearing for the original accused viz. Manubhai Desaibhai Bariya appearing through legal Aid.