STATE OF GUJARAT Vs. KRISHNADEVSINH R JADEJA

JUDGEMENT

(1.) THE present appeal, under section 378 of the Code of Criminal Procedure, 1973, is directed against the judgment and order of acquittal dated 31. 5. 1990 passed by the learned Special Judge, Ahmedabad (Rural) at Mirzapur, in Special Case No. 4 of 1989 whereby the respondent - accused has been acquitted of the charges leveled against him.

(2.) THE brief facts of the prosecution case are as under:

(3.) HEARD learned APP Mr. R. C. Kodekar, on behalf of appellant State and learned Advocate, appearing, on behalf of respondents accused. It was contended by learned APP that the judgment and order of the Special Judge is against the provisions of law; the learned Special Judge has not properly considered the evidence led by the prosecution and looking to the provisions of law itself it is established that the prosecution has proved all the ingredients of the offence against the present respondent. He has also contended that the learned Judge ought to have raised presumption that there was demand from the side of the accused; 3. 1 Learned Advocate for the respondent accused has supported the Judgment of the Court below. He has contended that the learned Judge has not committed any error in his Judgment, acquitting the respondent - accused.