STATE OF GUJARAT Vs. DUDHABHAI REVABHAI

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 29.11.1995 passed by the learned Metropolitan Magistrate, Court No. 2, Ahmedabad in Criminal Case No. 5317 of 1992 whereby, the respondent accused was acquitted from the charges leveled against him.

(2.) The brief facts of the prosecution case are that on 05.08.1992 the respondent herein was found in a drunken state of mind within the premises of Civil Hospital, Ahmedabad without any pass or permit to consume the same. Therefore, a complaint with respect to the aforesaid offence was filed against the respondent and, ultimately, trial was conducted. 2.1 In order to prove the case against the respondent, the prosecution has examined 'panch' witness Gababhai Manabhai Solanki at Exhibit 3, Head Constable Mirza Samsubeg Usmanbeg at Exhibit 4, Dr. Belaben Tribhuvandas at Exhibit 5 and Investigating Officer B. B. Baria at Exhibit 8. The prosecution has also relied upon documentary evidence in the form of complaint at Exhibit 4, 'A' Form at Exhibit 5, 'B' Form at Exhibit 7 and C.A. Report at Exhibit 8. At the end of trial, the learned Magistrate acquitted the respondent of the charges leveled against him.

(3.) Heard learned counsel for the respective parties and perused the entire documents on record. The principles which would govern and regulate the hearing of appeal by this Court against an order of acquittal passed by the trial Court have been very succinctly explained by the Apex Court in a catena of decisions. This Court has the power to re-consider the whole issue involved in the appeal, re-appraise the evidence and come to its own conclusion and findings in place of the findings recorded by the trial Court, if the said findings are against the weight of the evidence on record or, in other words, perverse.