STATE OF GUJARAT Vs. MUMABHAI GELABHAI BHARVAD

JUDGEMENT

(1.) CRIMINAL Misc.Application No. 12240 of 2007 is preferred by the applicant ? State of Gujarat for leave to appeal under Section 378(1)(3) of the Criminal Procedure Code, 1973 (hereinafter referred to as 'the Code') challenging the judgment and order of acquittal dated 22.08.2007 passed by the learned Additional Sessions Judge (Special Judge), Dhrangdhara in Special Case No.21 of 2006 acquitting the respondents ? original accused for the offences punishable under Sections 323, 504 and 114 of the Indian Penal Code; Section 135 of the Bombay Police Act and under Section 3(1)(10) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

(2.) CRIMINAL Appeal No.686 of 2008 is filed by the State of Gujarat under Section 378 of the Code against the judgment and order of acquittal dated 22.08.2007 passed by the learned Additional Sessions Judge (Special Judge), Dhrangdhara in Special Case No.21 of 2006 acquitting the respondents ? original accused.

(3.) MR .Dipen Desai, learned Additional Public Prosecutor for the State of Gujarat - applicant is heard in respect of the matter extensively at this stage also. We have called for Record and Proceedings from the Trial Court and we have gone through the same thoroughly whether to grant Leave to Appeal.