THE STATE OF GUJARAT Vs. KIRANKUMAR KANTILAL TRIVEDI

JUDGEMENT

(1.) State has preferred the present appeal under Sec. 378 (1) (3) of the Code of Criminal Procedure, 1973 ("the Code" for short), to assail the judgment and order of acquittal dated 03.10.2005 passed by learned Presiding Officer, Fast Track Court No.2, Gandhinagar in Criminal Appeal No.14 of 2005 whereby and where under the judgment and order of conviction dated 12.07.2005 passed by learned 6th Additional Senior Civil Judge and Judicial Magistrate First Class, Gandhinagar in Criminal Case No.3997 of 2001 whereby the respondent was convicted for the offence punishable under Sections 66(1)B of Prohibition Act and is directed to suffer simple imprisonment of three months and to pay fine of Rs.500/and also under Sec. 85(1) (3) of Prohibition Act and was directed to suffer simple imprisonment for three months and to pay fine of Rs.500/I. D.S.I. for 15 days is quashed and set aside and the respondent is acquitted.

(2.) The facts in nutshell giving rise to this appeal is that on 26.04.2001 on S.T. Stand, Gandhinagar, respondent accused was found in drunken condition without any pass or permit and he was not able to walk and talk at the relevant point of time. It is further the case of prosecution that in drunken condition, respondent accused had climbed upon S.T. and pushed away the Driver of the S.T. MR. Govindbhai Raval who was taking his lunch and thereby caused severe fracture to him, therefore, two separate charge sheets were filed against the respondent accused, one for the offence under section 307 of Indian Penal Code and another is for the offence under the Bombay Prohibition Act and charge sheet was filed before the Court of learned Joint Judicial Magistrate, First Class, Gandhinagar which was committed to the Court of learned 6th Additional Senior Civil Judge, Gandhinagar for its final disposal. The learned Judge after appreciating necessary evidence laid down by the prosecution was pleased to convict the respondent by order dated 107.2005 for the offence under Sec. 85(1)(3) and 66(1)(b) of Bombay Prohibition Act and ordered to suffer simple imprisonment of three months and fine of Rs.500/.

(3.) Being aggrieved and dissatisfied with the aforesaid order, the present respondent - appellant accused preferred Criminal Appeal No.14/2005 before the Court of learned Presiding Officer, 2nd Fast Track Court, Gandhinagar. The learned Judge, after hearing arguments from both sides and appreciating evidence on record of the case, was pleased to quash and set aside the order of conviction dated 12.07.2005 passed by learned 5th Additional Senior Civil Judge, Gandhinagar in Criminal case No.3997 of 2001 convicting the accused for the offence under Sec. 66(1)(b) and 85(1)(3) of Bombay Prohibition Act by order dated 010.2005.