STATE OF GUJARAT Vs. RAM PETROLIUM CO

JUDGEMENT

(1.) THE present appeal, under section 378 of the Code of the Criminal Procedure, 1973 is directed against the judgment and order of acquittal dated 12. 06. 1984 passed by the learned Judicial Magistrate, First Class, 2nd Court, Ahmedabad (Rural) at Narol in Criminal Case No. 2807 of 1982 whereby the accused have been acquitted from the offence leveled against them.

(2.) THE brief facts of the prosecution case are as under: near Sangam Cinema, behind Pleasant Restaurant there is a ground, in which there was a tanker of kerosene,through which Shekh Mohmad Hamid used to supply kerosene in a barrel of 200 liters with the help of dip-rod to the hawkers. Dip-rod is not recognised measure and on verification, it was found that about 17 liters of kerosene was less in 200 liters barrels. Therefore the complaint was lodged.

(3.) NECESSARY investigation was carried out and statements of several witnesses were recorded. During the course of investigation, respondents were arrested and, ultimately, chargesheet was filed against them. The trial was initiated against the respondents.