STATE OF GUJARAT Vs. CHHELSHANKAR PURSHOTAM TRIVEDI

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 7.11.1992 passed by the learned Judicial Magistrate, First Class, Dhari in Criminal Case No. 608/1997, whereby the accused have been acquitted of the charges under Section 408, 409, 467, 477(A), 109 and 34 of IPC. leveled against them.

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

(3.) IT was contended by learned APP that the judgment and order of the Sessions Court is against the provisions of law; the Sessions Court 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 the whole ingredients of the evidence against the present respondent. Learned APP has also taken this Court through the oral as well as the entire documentary evidence. He has further contended that the as per the provisions of Section 107 and 108 of IPC, the prosecution has proved its case but the learned Judge has not considered the oral as well as documentary evidence. He has also contended that the reasons assigned by the learned Judge is not proper and legal. The learned Judge has not considered the expert's opinion.