STATE OF GUJARAT Vs. BABUBHAI GOMABHAI NINAMA

JUDGEMENT

(1.) The appeal is filed by the appellant State under Sec. 378 of the Code of Criminal Procedure, 1973 against the judgement and order of acquittal passed by the learned Additional Sessions Judge, Sabarkantha at Himmatnagar (hereinafter referred to as "the learned Trial Court") in Sessions Case No. 40/1998 on 31/8/1999, whereby, the learned Trial Court has acquitted the respondents for the offence punishable under Ss. 302, 326, 323, 324 and 114 of Indian Penal Code, 1860 and Sec. 135 of the Gujarat Police 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.