STATE OF GUJARAT Vs. PRAJAPATI BHULABHAI ISHWARBHAI

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 21.7.1997 passed by the learned Judicial Magistrate, Kalol in Criminal Case No. 1493 of 1992, whereby the accused have been acquitted of the charges leveled against him.

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

(3.) IT was contended by learned APP Mr. H.L. Jani that the judgment and order of the learned Court is against the provisions of law; the trial 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. Learned APP has vehemently argued that prosecution has proved oral as well as documentary evidence before the learned Judge, even from the medical evidence and in comparison of the medical injuries, the witnesses also proved the version of the prosecution case. Therefore, learned Judge has not properly considered the evidence.