STATE OF GUJARAT Vs. RAHEMUNIYA MALKE

JUDGEMENT

(1.) By way of this Appeal, the State has challenged the judgment and order passed by the learned 2nd Joint Judicial Magistrate First Class, Nadiad, in Criminal Case No.141 of 1991, on 31st March, 1994, acquitting the present respondents-accused for the offence punishable under Sections 447, 427, 506 and 114 of the Indian Penal Code.

(2.) It is the case of the prosecution that respondents-accused on 10th November, 1990 at about 15:00 hours entered into the house of the complainant in his absence and gave abuses to the witnesses, so also, threat of their life and thereafter broke the wall and thereby caused damage of Rs.5000/- to the complainant. For the aforesaid incident, the complaint was registered. The accused were arrested and on completion of the investigation the accused were charge-sheeted. In order to prove the charges levelled against the accused, the present respondent, the Prosecution has examined in all 07 witnesses as under;

(3.) Learned APP, Shri HL Jani appearing for the appellant has taken me through the oral as well as the documentary evidence on record. He has contended that the trial Court has committed an error by not believing the evidence of complainant and thereby acquitted the respondents-accused.