STATE OF GUJARAT Vs. AABEDMIYA MAHMEDALI

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 30.11.1995 passed by the learned Chief Judicial Magistrate, Amreli in Criminal Case No. 1851 of 1991 whereby, all the respondents were acquitted from the charges leveled against them.

(2.) The brief facts of the prosecution case are that on 25.06.1991 a quarrel took place between respondent nos. 1 & 2 original accused no. 1 & 2 and the complainant in a public place on some point which, ultimately, turned into a scuffle. Respondent nos. 3 & 4 also joined respondent nos. 1 & 2 in the said scuffle and all the four accused persons assaulted the complainant.

(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.