STATE OF GUJARAT Vs. GOPALBHAI SIDHABHAI SABHAD

JUDGEMENT

(1.) The present present appeal is filed by the appellant State under Sec. 378(1)(3) of the Code of Criminal Procedure, 1973 against the judgement and order of acquittal passed by the learned 3rd Additional District and Sessions Judge, Surat (hereinafter referred to as "the learned Trial Court") in Special Atrocity Case No. 16/2007 on 1/6/2009, whereby, the learned Trial Court has acquitted the respondents for the offence punishable under Ss. 143, 147, 148, 149, 323, 325, 504 and 337 of IPC and Ss. 3(1)(10) of Schedule Caste and Schedule Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as "the Atrocities Act").

(2.) The brief facts that emerge from the record of the case are as under:

(3.) Being aggrieved and dissatisfied with the said judgment and order of acquittal, the appellant - State has filed the present appeal mainly stating that the impugned judgment and order of acquittal passed by the learned Trial Court is contrary to law and evidence on record and the learned Trial Court has not appreciated the fact that all the witnesses have supported the case of the prosecution and during the cross-examination, nothing adverse has been elicited in favor of the respondents. The case has been proved beyond reasonable doubt and the prosecution has successfully established the case against the respondents and the judgment and order of acquittal is unwarranted, illegal, and without any basis in the eyes of the law and the reasons stated while acquitting the respondent are improper, perverse and bad in law. Hence the impugned judgment and order passed by the learned Trial Court deserves to be quashed and set aside.