STATE OF GUJARAT Vs. PURSHOTTAMDAS JAVARMAL SINDHI

JUDGEMENT

(1.) THE present appeal, under Section 378 of the Code of Criminal Procedure, 1973, is directed against the judgement and order of acquittal dated 18. 02. 1998 passed by the learned Judicial Magistrate First Class, Modasa, Camp at Bayad in Criminal Case No. 841 of 1989 whereby the accused were acquitted of the charges leveled against them.

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

(3.) MRS. Manisha Lavkumar Shah, learned APP submitted that the judgement and order of the learned J. M. F. C is against the provisions of law; the learned Magistrate 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 respondents. Learned APP has also taken this Court through the oral as well as the entire documentary evidence. She submitted that facts of the panchnama gets corroboration from evidence of Central Food Laboratory. Learned APP submitted that there was no reason for the learned J. M. F. C to disbelieve the prosecution case and to acquit the respondents.