STATE OF GUJARAT Vs. AYUBALIA ABDUL RAJJAK SAIYAD

JUDGEMENT

(1.) THE present appeal by the appellant -ori. complainant, under section 378 of the Code of Criminal Procedure, 1973, is directed against the judgment and order of acquittal dated 29.6.2004 passed by the learned Judicial Magistrate First Class, Petlad in Criminal Case No. 1660/2000, whereby, the learned trial Judge acquitted the original accused the respondents herein, of the charges for the offence punishable under Section 323, 504, 506(2) and 114 of IPC.

(2.) THE brief facts of the prosecution case are that on 30.4.2000, at about 22.00 hours, near Gariya Pir Mosque, the respondents have abused the complainant and gave kick and fist blows for not taking the cot and also threatened her to kill. Therefore, the complaint was lodged by the complainant. The necessary investigation was carried out and statements of several witnesses were recorded. During the course of investigation, respondents were arrested and, ultimately, charge -sheet was filed against them, which was numbered as Criminal Case No. 1660/2000. The trial was initiated against the respondents.

(3.) TO prove the case against the present accused, the prosecution has examined witnesses and also produced documentary evidence.