STATE OF GUJARAT Vs. MUKESHGIRI SOMGIRI GOSWAMI

JUDGEMENT

(1.) THE above referred Criminal Appeal is preferred under sec.378 of the Code of Criminal Procedure by the State of Gujarat applicant herein, against the judgement and order of acquittal delivered by the learned Presiding Officer and Additional Sessions Judge, Fast Track Court, Deesa, in Special [Atrocity] Case No.115 of 2007 dtd.12/10/2007, whereby the respondents herein being accused came to be acquitted by the trial court for the offences punishable under sec.3(1)(10) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, under sections 504 and 114 of Indian Penal Code and under sec.135 of the Bombay Police Act.

(2.) IN the above Criminal Appeal, the State of Gujarat applicant herein has also preferred Criminal Misc. Application No.471 of 2008 under sub -sec.(3) of sec.378 of the Code of Criminal Procedure for Leave to Appeal.

(3.) MR .L.R. Pujari, learned Additional Public Prosecutor appearing on behalf of the State is heard in respect of the matter extensively at this stage also. We have also called for the record and proceedings from the trial court and we have gone through the same throughly whether to grant Leave to Appeal.