STATE OF GUJARAT Vs. CHAUDHARY SHANKARBHAI JESANGBHAI

JUDGEMENT

(1.) By way of this appeal, the appellant State challenges the judgment and order passed by learned Jt.Judicial Magistrate, First Class, Visnagar, in Criminal Case No.1165 of 1989 dated 20.5.1996, whereby the respondents were acquitted of the offences alleged under Sections 447, 323, 324, 325, 504, 506(2) and 114 of Indian Penal Code against them.

(2.) The prosecution case, in short, was that the complainant Shankarbhai Ganeshbhai Chaudhary filed the complaint on 26.6.1989 alleging that the respondents accused have attacked on the complainant and witnesses and caused serious injuries. It is also alleged that the accused have abused the filthy language and administered threat to be done to death. After completion of investigation, the charge sheet came to be filed against the accused under Sections 447, 323, 324, 325, 504, 506(2) and 114 of Indian Penal Code.

(3.) To prove the case against the accused, the prosecution examined in all eleven witnesses P.W. 1 Shankarbhai Ganeshbhai Chaudhary Exh.20, P.W.2 Sagrambhai Ganeshbhai Chaudhary Exh.33, P.W. 3 Nanjibhai Khodidas Chaudhary Exh.34, P.W. 4 Shakuntalaben A Joshi Exh.38, P.W.5 Somabhai Ganeshbhai Chaudhary Exh.46, P.W.6 Hiraben Ganeshji Exh.47, P.W.7 Kuberbhai Dalsangbhai Chaudhary Exh.58, P.W.8 Ganeshbhai Mahadevbhai Chaudhary Exh.65, P.W.9 Ramjibhai Mahavevbhai Exh.67, P.W.20 Jayantilal Punjiram Exh.68, P.W.11 Prakashbhai Mohanbhai Maliya Exh.71. After recording necessary evidence, learned Magistrate acquitted the respondents of the offences with which they were charged. Hence, the present appeal.