STATE OF GUJARAT Vs. VIRABHAI JINABHAI CHOVATIYA

JUDGEMENT

(1.) This appeal has been filed by the appellant-State under Sec. 378(1)(3) of the Criminal procedure Code, 1973 (Code), against the judgment and order of acquittal dtd. 13/5/2010, passed by the learned Additional Sessions Judge, FTC No.4, Bhavnagar at Mahua, in Sessions Case No.125 of 2005, for the offence under Ss. 323, 147, 148, 149, 325, 367 of the Indian Penal Code, 1860 (IPC) and Ss. 135 of the Bombay Police Act.

(2.) The brief facts of the prosecution case are as under:

(3.) It was contended by learned APP that the judgment and order of the Sessions Court is against the provisions of law; the Sessions Court has not properly considered the same and looking to evidence led under the provisions of law itself, it is established that the prosecution has proved the whole ingredients of the evidence against the present respondents. Learned APP has also taken this Court through the oral as well as the entire documentary evidence.