STATE OF GUJARAT Vs. NARSHIBHAI HARIBHAI HARIJAN

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 30.4.1992 passed by learned Judicial Magistrate, First Class, Amreli in Summary Case No. 614 of 1990 whereby the respondent -accused was acquitted of the charges levelled against him.

(2.) THE brief facts of the prosecution case is that the respondent was arrested in connection with the offence registered on 13.2.1990 wherein the respondent -accused had committed offence punishable under Section 66(1)(B) and Section 85(1)(3) of the Bombay Prohibition Act and he was sent to the medical authority and his blood was obtained and expert opinion was also attached with the investigation papers. During the oral evidence produced by the prosecution the material witness who is Doctor P.W. No. 1 Dr. Aasar. From his oral evidence has stated that Form "A" and Form "B" was filled up by him and the same has been produced at Exh.30. But from the oral evidence of this witness, he has failed to establish that proper care and caution was taken by him during the blood which was obtained from the accused. Even he is unable to prove that syringe and niddle was properly sterilized. The prosecution also examined two panchas, P.W.2 and P.W.3, they turned hostile. From the oral evidence and documentary evidence, the prosecution has failed to establish his version.

(3.) THE respondent pleaded not guilty to the charge and claimed to be tried. The learned Magistrate was pleased to acquit the respondent by judgment and order dated 30.4.1992 for the offence with which he was charged.