STATE OF GUJARAT Vs. JAYESHBHAI P KOLI

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 29.12.1990 passed by the learned Judicial Magistrate, First Class, Court No. 1, Surat in Criminal Case No. 4523 of 1987 whereby, the respondent accused was acquitted of the charges levelled against him.

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

(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.