STATE OF GUJARAT Vs. BIPINBHAI RAMANBHAI PARIKH

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 28. 2. 1992 passed by the learned Special Judge, Ahmedabad, in Special Case No. 32 of 1989 whereby the respondents - accused have been acquitted from the charges leveled against them.

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

(3.) HEARD learned APP Ms. Manisha Lavkumar Shah on behalf of appellant State and learned Advocate Mr. P. F. Adhvaryu, 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 the whole ingredients of the evidence against the present respondent. She has also contended that the learned Judge ought to have taken into consideration the conduct on the part of both the accused; the learned Judge ought to have seen that the complainant has no axe to grind against any of the accused as his evidence is natural; the learned Judge ought to have considered the important fact regarding the envelop containing currency notes worth Rs. 5000/- was ultimately found from the table of accused No. 1 and anthracene powder was found on the table and pencil and other articles were also found stained with anthracene powder. 3. 1 Learned Advocate Mr. Adhvaryu for the respondents accused has supported the Judgment of the Court below. He has contended that the learned Judge has not committed any error in her Judgment.