STATE OF GUJARAT Vs. JATIN VASANTRAY TRIVEDI

JUDGEMENT

(1.) LEARNED Advocate Mr. Adil Mehta for Mr. K. J. Sethna learned advocate appearing for the opponent states that the Original accused no. 2 Maganbhai Waghela has expired on 8th April 1998 and therefore appeal qua accused no. 2 is abated. Mr. Mehta has produced the death certificate of the accused no. 2, which is taken on record. The present appeal, under section 378 of the Code of the Criminal Procedure, 1973 is directed against the judgment and order of acquittal dated 31. 1. 1991 passed by the learned Special Judge, Ahmedabad in Special Criminal Case No. 47 of 1988 whereby the appellant has 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 that the judgment and order of the Special Court is against the provisions of law; the Special 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.