STATE OF GUJARAT Vs. VANKAR MAGANBHAI DALABHAI

JUDGEMENT

(1.) This appeal is directed against the judgement and order dated 15th July 1998 passed by the learned Judicial Magistrate, First Class, Wadhvan in Criminal Case No.122 of 1995 whereby the respondent was acquitted of the charges levelled against him.

(2.) In this case the allegation levelled against the respondent is that the respondent on 20.2.1995 was ferrying stones in Truck No.G.T.Z 9319 without making payment of Royalty. Therefore a complaint came to be filed against him for the alleged commission of offence punishable under sections 379 of IPC and Rule 4(21)(3) of Mines and Minerals Rules and Regulations act. The said complaint was registered with Wadhwan Police Station which was registered as C.R. No.I 32 of 1995.

(3.) Learned Advocate for the appellant has contended that the trial court has committed an error in not believing the prosecution witnesses and has wrongly acquitted the accused of the charges levelled against him. She has also contended that the trial court ought to have believed the version of the prosecution witnesses who were present at the relevant point of time.