STATE OF GUJARAT Vs. HARISHBHAI NARSINHBHAI

JUDGEMENT

(1.) * * * *

(2.) * * * *

(3.) A chargesheet was submitted against the present respondent Harishbhai Narsinhbhai and three others in the Court of learned Chief Judicial Magistrate. Surat for several offences punishable under the Indian Penal Code as narrated above The trial Court proceeded against the three accused while the trial against the present respondent was separated because he could not he traced. The learned Magistrate before whom the three accused were tried on appreciating the evidence acquitted the said three accused by his judgment and order date 29 Thereafter it seems that the proselyte responddent could he traced and trial trial him was started. It appears that the learned Chief Judicial Magistrate did not record any fresh evidence but recorded the statement of this respondent with regard to the evidence which was already recorded earlier in the trial against the other accused. The learned Chief Judicial Magistrate by a very short and cryptic order passed on 29 acquitted the present respondent observing that he had already given reasons in his judgment Ex. 46 while acquitting the other accused and it was not necessary to reiterate those reasons again and there was no reason to take a different view of the matter and. therefore he was inclined to acquit the respondent. Being dissatisfied by this order of acquittal. the present appeal has been filed.